- 7 - bank deposits method was reasonable and whether petitioners must recognize any portion of the income attributable to the check exchanges in 1990. The Commissioner may use a method to clearly reflect income if a taxpayer does not maintain adequate records. Sec. 446(b); Holland v. United States, 348 U.S. 121 (1954); sec. 1.446- 1(b)(1), Income Tax Regs. A bank deposits reconstruction of income is one method the Commissioner may use to determine income. DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). The bank deposits analysis is conducted by examining deposits into an individual's bank account. Reported income and any nontaxable items are subtracted from total deposits in order to determine unreported income. Unexplained bank deposits are prima facie evidence of income where a taxpayer has failed to maintain adequate records. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). The evidence here shows that petitioners' records were inadequate and that there were sources of income petitioners did not report. Therefore, respondent's use of the bank deposits analysis was justified by the circumstances. When using the bank deposits method, the Commissioner is not required to show that each deposit or part thereof constitutes income, Gemma v. Commissioner, 46 T.C. 821, 833 (1966), or that it came from a likely or particular source. Clayton v. Commissioner, 102 T.C. 632, 645 (1994); Estate of Mason v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011