- 6 - (1991), affd. 959 F.2d 16 (2d Cir. 1992). Because petitioner failed to produce books and records, respondent reconstructed his income from bank deposits. Respondent's reconstruction consisted of adding petitioner's deposits, identifying any deposits which represented interaccount transfers, and identifying duplications with the IRP information. At trial, respondent further made reductions in the bank deposits calculation. Petitioner has failed to show that respondent improperly reconstructed his gross income. Indeed, respondent has provided sufficient evidence to convince this Court that the notice of deficiency was neither arbitrary nor unreasonable. Therefore, the burden rests with petitioner to demonstrate that respondent's determinations are erroneous. Rule 142(a). Petitioner has introduced no credible evidence that disproves any element of respondent's deficiency determination. Petitioner failed to produce books or records. However, we shall address several issues petitioner raised at trial regarding the accuracy of respondent's determinations. First, petitioner testified that while he was employed as a public insurance adjuster, he deposited funds into his account and later transferred a portion of the same funds to his clients. However, petitioner failed to offer any evidence regarding the specifics of these alleged transfers to alleged clients. He produced no canceled checks, witnesses, or other records. We find that petitioner's vague and self-serving testimony does not substitutePage: Previous 1 2 3 4 5 6 7 8 9 Next
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