- 6 - 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 shePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011