John R. Boone, Jr. - Page 20

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          both deposited into bank accounts and spent by the taxpayer.  See           
          generally United States v. Abodeely, supra.                                 
               When the Commissioner has the burden of proof, the                     
          Commissioner may either connect the deposits and expenditures to            
          a likely source of income, or, where the taxpayer alleges a                 
          nontaxable source, negate each nontaxable source alleged by the             
          taxpayer; the Commissioner need not do both.  United States v.              
          Massei, 355 U.S. 595 (1958); see DiLeo v. Commissioner, 96 T.C.             
          858, 873 (1991), affd. 959 F.2d 16 (2d Cir. 1992).  Petitioner              
          maintains that respondent has neither proven a likely source of             
          income nor negated nontaxable sources.  Respondent, on the other            
          hand, claims to have done both by a preponderance of the                    
          evidence.                                                                   
               A.  Likely Source of Income                                            
               Respondent asserts that a likely source of income for                  
          petitioner during 1989 and 1990 is money that petitioner                    
          wrongfully appropriated from his father's marijuana activity.               
          (Respondent's agent acknowledged at trial that the adjustments to           
          gross income determined in the notice of deficiency could not               
          have been derived from petitioner's unsuccessful dog kennel                 
          business.)                                                                  
               As part of the stipulation of facts, petitioner objected to            
          the admission of Exhibits P, S, T, U, AB, and AD offered by                 
          respondent, which purport to relate to the issue of a likely                
          source of income.  We postponed ruling on petitioner's objections           




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