John Van Heemst - Page 30

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               Additionally, the Commissioner must show either a likely               
          source for the unreported income or negate nontaxable sources.              
          Petzoldt v. Commissioner, supra at 695-697.  If all nontaxable              
          sources are negated, respondent need not show a likely source.              
          United States v. Massei, 355 U.S. 595 (1958).  “One or the other            
          will do.”  Petzoldt v. Commissioner, supra at 696.  The                     
          Commissioner must also follow up leads to sources of nontaxable             
          income furnished by the taxpayer where they are reasonably                  
          susceptible of being checked but need not negate every possible             
          nontaxable source where no leads are forthcoming.  Holland v.               
          United States, 348 U.S. 121, 135-136, 138 (1954); United States             
          v. Penosi, 452 F.2d 217, 220 (5th Cir. 1971).                               
               Because respondent’s determinations were based upon                    
          transactions occurring with respect to Pieces of Eight’s bank               
          account, we need only consider circumstances relating to that               
          account in order to decide whether respondent has carried the               
          burden of proving an underpayment for each of 1988 and 1989.                
          Respondent has shown that petitioner was coowner of Pieces of               
          Eight.  Respondent, however, has introduced evidence only of                
          expenditures made by checks drawn on Pieces of Eight’s bank                 
          account.  Respondent has not attempted to show the opening                  
          balance of that account for each of 1988 and 1989,12 which would            

          12                                                                          
               Furthermore, respondent’s analysis of Pieces of Eight’s                
          account for 1987, although sufficient to demonstrate the                    
          existence of an underpayment of tax for that year, does not                 
                                                             (continued...)           



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