- 35 - 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 partyPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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