- 8 - Commissioner, 31 T.C. 1269, 1277 (1959), affd. in part and revd. and remanded in part on another issue 283 F.2d 871 (6th Cir. 1960). Use of the source and application of funds method for reconstructing income is well accepted. Taglianetti v. United States, 398 F.2d 558, 562 (1st Cir. 1968); Cheesman v. Commissioner, T.C. Memo. 1990-350; Jones v. Commissioner, T.C. Memo. 1983-110. Under this method, any amount by which the taxpayer’s applications of funds during the taxable year exceed the funds available to him from known sources is attributed to unreported taxable income. As long as respondent’s use of this method to reconstruct the taxpayer’s income is reasonable under the circumstances, respondent’s determination is entitled to a presumption of correctness, and the taxpayer bears the burden of proving a nontaxable source of the excess funds applied. Rule 142(a); Jones v. Commissioner, supra; cf. Cebollero v. Commissioner, supra at 989-992; Estate of Mason v. Commissioner, 64 T.C. 651, 657-658 (1975), affd. 566 F.2d 2 (6th Cir. 1977). Concessions by respondent regarding certain items in the computation of the adjustments in the statutory notice ordinarily do not shift the burden of proof to respondent. Mills v. Commissioner, 399 F.2d 744, 749 (4th Cir. 1968), affg. T.C. Memo. 1967-67; Marcello v. Commissioner, 380 F.2d 494, 497 (5th Cir. 1967), affg. in part and revg. and remanding on other issues T.C. Memo. 1964-302; Estate of Mason v. Commissioner, supra at 659.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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