- 20 - 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 objectionsPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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