Charles L. Wynn, Jr. - Page 10

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          provided that the reconstruction is reasonable in light of all              
          the surrounding facts and circumstances, id.; Giddio v. Commis-             
          sioner, 54 T.C. 1530, 1533 (1970).                                          
               Respondent reconstructed petitioner's income for 1986 by               
          using the cash expenditures method.  That method is based on the            
          assumption that the amount by which a taxpayer's expenditures               
          during a taxable year exceeds his or her reported income for that           
          year is taxable, absent some explanation by the taxpayer.                   
          Petzoldt v. Commissioner, supra at 694; DeVenney v. Commissioner,           
          85 T.C. 927, 930 (1985); Burgo v. Commissioner, 69 T.C. 729, 742            
          (1978).  To overcome that assumption, a taxpayer must show either           
          that someone else made the expenditures or that the funds                   
          expended were obtained from nontaxable sources such as loans,               
          gifts, inheritances, or assets on hand at the beginning of the              
          taxable period in question.  Petzoldt v. Commissioner, supra at             
          695; DeVenney v. Commissioner, supra at 931.                                
               Petitioner does not dispute that during 1986 he spent at               
          least $26,911 for personal living expenses and that he trans-               
          ferred $100,000 to C & I to purchase 50 percent of its stock.7              
          However, petitioner claims that he obtained the funds that he               
          transferred to C & I during 1986 from nontaxable sources, i.e.,             

          7  Nor does petitioner dispute (1) that during 1986 over                    
          $100,000 was paid by a third party on behalf of C & I in order to           
          purchase inventory for Linea Pitti, (2) that during January 1987            
          petitioner and Ihsan Dura transferred in excess of $50,000 to C &           
          I, and (3) that, as of Mar. 31, 1987, they had transferred in               
          excess of $70,000 in additional funds to that company, at least             
          $25,365.21 of which was transferred by petitioner.                          



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