Ted W. Gleave - Page 35

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          implausibility of petitioner’s explanations, Bradford v.                    
          Commissioner, 796 F.2d 303, 307 (9th Cir. 1986) (and cases                  
          therein cited), affg. T.C. Memo. 1984-601; Boyett v.                        
          Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg. a                    
          Memorandum Opinion of this Court dated Mar. 14, 1951.                       
                                     A. Kenmore                                       
          (1) Underpayments of Tax                                                    
               Respondent’s determination of a deficiency against Kenmore             
          for its fiscal 1980 is based entirely on disallowance of a                  
          carryback from its fiscal 1981.  Supra note 7.  This disallowance           
          in turn is based entirely on respondent’s determination that                
          Kenmore did not have any carryback from Kenmore’s fiscal 1981.              
          We consider first Kenmore’s tax liabilities for its fiscal 1981             
          and 1982, and then consider how our conclusions for these years             
          affect its fiscal 1980.                                                     
               As shown supra in tables 3 and 4, respondent’s                         
          determinations as to Kenmore’s income for its fiscal 1981 and               
          fiscal 1982 are almost entirely on account of adjustments that              
          (1) increase Kenmore’s gross receipts, and (2) increase Kenmore’s           
          purchase expenses, but by substantially lesser amounts.                     
               (a) Gross Receipts                                                     
               Respondent used the bank deposits method and an analysis of            
          checks disbursed to determine Kenmore’s income for its fiscal               
          1981 and fiscal 1982.  It is well established that bank deposits            
          are evidence of income where the deposits were made by the party            






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