-15- T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). Though not conclusive, bank deposits are prima facie evidence of income. Price v. United States, 335 F.2d 671, 677 (5th Cir. 1964) (the bank deposits method assumes that all money deposited in a taxpayer's bank account during a given period constitutes taxable income);15 Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Estate of Mason v. Commissioner, 64 T.C. 651, 656-657 (1975), affd. 566 F.2d 2 (6th Cir. 1977); Jones v. Commissioner, 29 T.C. 601 (1957). Where the taxpayer has failed to maintain adequate records as to the amount and source of his income, and the Commissioner has determined that the deposits are income, the taxpayer has the burden of showing that the determination is incorrect. Rule 142(a); Clayton v. Commissioner, 102 T.C. 632, 645 (1994); Parks v. Commissioner, supra; Estate of Mason v. Commissioner, supra. Furthermore, in such cases the Commissioner is not required to show a likely source of income. Clayton v. Commissioner, supra; Parks v. Commissioner, supra; Estate of Mason v. Commissioner, supra. In challenging respondent's income reconstruction, petitioner introduced evidence that was intended to corroborate his claim that the deposits were due to nontaxable sources. This 15 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Court of Appeals for the Eleventh Circuit adopted as binding precedent all of the decisions of the former Court of Appeals for the Fifth Circuit handed down prior to the close of business on Sept. 30, 1981.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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