- 5 - to prevent counting of deposits as income twice. Similarly, amounts that the revenue agent found in the IRP data, and which were also included in the bank deposit records, were removed from the bank deposit calculation to prevent double counting. OPINION Petitioner contends that respondent's determinations in the notice of deficiency should not be given a presumption of correctness because the determinations are arbitrary. Respondent's determinations are entitled to a presumption of correctness. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioner's argument implies that, because respondent has made a number of errors or concessions, the notice of deficiency is therefore arbitrary. We find no merit to this argument. A determination that some part of a deficiency is erroneous does not necessarily make the deficiency notice arbitrary. Wells v. Commissioner, T.C. Memo. 1983-788. We find no flaw in respondent's method of reconstructing petitioner's income using the bank deposits method. The use of the bank deposits method for computing income has long been sanctioned by the courts. When a taxpayer keeps no books or records and has large bank deposits, the Commissioner is not arbitrary or capricious in resorting to the bank deposits method. Mills v. Commissioner, 399 F.2d 744, 749 (4th Cir. 1968), affg. T.C. Memo. 1967-67; DiLeo v. Commissioner, 96 T.C. 858, 867Page: Previous 1 2 3 4 5 6 7 8 9 Next
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