Maurzal Frias and Teresa Frias - Page 6

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          5,000 miles for commuting mileage--20 miles a day--in light of              
          the United States Supreme Court's decision in Commissioner v.               
          Soliman, 506 U.S. 168 (1993).                                               
               At the time they submitted their trial memorandum to this              
          Court, petitioners reconstructed their 1992 mileage to reflect a            
          total of 40,045 business miles.                                             
                                       OPINION                                        
          A.   Additional Income                                                      
               Section 6001 requires taxpayers to maintain records                    
          sufficient to establish the amount of their gross income and                
          deductions.  Where taxpayers fail to keep adequate records, the             
          Commissioner is authorized by section 446(b) to reconstruct their           
          income by any reasonable method.  Petzoldt v. Commissioner, 92              
          T.C. 661, 687, 693 (1989).  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.  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              



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