- 41 - and indirectly reconstructed income, respondent can satisfy the burden of proving an underpayment in one of two ways, i.e., by proving a likely source of the underreported income or by disproving an alleged nontaxable source. See DiLeo v. Commissioner, 96 T.C. 858, 873-874 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Parks v. Commissioner, 94 T.C. 654, 661 (1990). In these cases, petitioners have admitted that they had unreported income from nursery receipts and from interest. Respondent reconstructed the income for the first 3 years by reference to petitioners’ invoices and ledgers and for the last 2 years by reference to bank deposits. Respondent’s agents’ actions were reasonable in view of the state of petitioners’ records and the evidence of the manner in which petitioners’ tax returns were prepared. Respondent is not required to prove the exact amount of the underpayment. See Webb v. Commissioner, 394 F.2d 366, 373, 379 (5th Cir. 1968), affg. T.C. Memo. 1966-81; DiLeo v. Commissioner, supra at 868, 873; Smith v. Commissioner, T.C. Memo. 1976-114. Petitioners contend that, notwithstanding their admission of unreported income, they had additional deductions for expenses paid by cash that offset or substantially reduce the amount of unreported income. They further contend that they believed that they did not owe additional tax because the unreported amounts were reinvested in the business. However, over the years thatPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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