Eva J. Madigan - Page 4

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                                       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 taxpayer                




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