- 4 - OPINION Section 61(a) defines gross income as "all income from whatever source derived". Sec. 61(a)(1). This definition includes all accessions to wealth that are clearly realized and over which a taxpayer has complete dominion. Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955). The propriety of the bank deposits method of income reconstruction is well established. Parks v. Commissioner, 94 T.C. 654, 658 (1990); Nicholas v. Commissioner, 70 T.C. 1057, 1064 (1978); Estate of Mason v. Commissioner, 64 T.C. 651, 656-657 (1975), affd. 566 F.2d 2 (6th Cir. 1977); Harper v. Commissioner, 54 T.C. 1121, 1129 (1970). In general, bank deposits are prima facie evidence of income, Marcello v. Commissioner, 380 F.2d 494, 496-497 & n.4 (5th Cir. 1967); Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Estate of Mason v. Commissioner, supra, and the taxpayer must normally refute the Commissioner's determination that such deposits stem from unreported income. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). However, when the Commissioner has the burden of proof, bank deposits by themselves do not give rise to a "logical presumption" that they are income. Armes v. Commissioner, 448 F.2d 972, 974 (5th Cir. 1971), affg. in part and remanding in part T.C. Memo. 1969-181. Under this circumstance, the Commissioner may either connect the bank deposits to a likely source of income or, where the taxpayerPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011