Estate of David J. Dickerson, Deceased, Dorothy Dickerson, Executor and Dorothy Dickerson, et al. - Page 10

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          determination of unreported income.  The record, however, does              
          contain substantive evidence supporting respondent's                        
          determination of unreported income.                                         
               Revenue Agent Anita Russell, using a bank deposits analysis,           
          determined that petitioners had unreported income.  Use of the              
          bank deposits method for reconstructing income is well                      
          established.  DiLeo v. Commissioner, 96 T.C. 858, 867 (1991),               
          affd. 959 F.2d 16 (2d Cir. 1992); Estate of Mason v.                        
          Commissioner, 64 T.C. 651, 656 (1975), affd. 566 F.2d 2 (6th Cir.           
          1977).  Under the bank deposits method, there is a rebuttable               
          presumption that all funds deposited to a taxpayer's bank account           
          constitute taxable income.  Price v. United States, 335 F.2d 671,           
          677 (5th Cir. 1964); Hague Estate v. Commissioner, 132 F.2d 775,            
          777-778 (2d Cir. 1943), affg. 45 B.T.A. 104 (1941); DiLeo v.                
          Commissioner, supra at 868.  Once there is evidence of actual               
          receipt of funds by the taxpayer, that taxpayer has the burden of           
          proving that all or a part of those funds are not taxable.                  
          Tokarski v. Commissioner, supra.  The Commissioner must take into           
          account any nontaxable sources of deposits of which she is aware            
          in determining the portion of the deposits that represent taxable           
          income, but she is not required to trace deposits to their                  
          source.  Petzoldt v. Commissioner, 92 T.C. 661, 695-696 (1989).             
               This case is distinguishable from Weimerskirch v.                      
          Commissioner, supra at 362, where “the Commissioner did not                 
          attempt to substantiate the charge of unreported income by any              




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