- 6 - contain notations that indicate that such checks constitute payment for services rendered.2 Petitioner's sole argument is that respondent has failed to carry the burden of proof.3 We agree with respondent but only with respect to the checks drawn by Nancy Burley (Ms. Burley) and Judith White (Ms. White). There is little doubt that the bank account involved in this case was a "business" account. However, establishing that petitioner deposited the checks at issue into a business account is not sufficient to satisfy respondent's burden, and it does not convince us that the deposits were likely made from a taxable source of income. But the size and frequency of the checks drawn by Ms. Burley indicate a regular source of cash which is consistent with the operation of a service-oriented business, such as a bookkeeping service. Moreover, nine of the checks drawn by Ms. Burley were made payable to "Madigan and Company," or a variation thereof, and not to petitioner personally. Additionally, eight of the checks drawn by Ms. Burley contain notations that suggest that such checks were issued as payment 2Respondent advances several other arguments in support of the contention that the deposits at issue represent taxable income to petitioner. However, because these arguments are significantly less persuasive than respondent's arguments with respect to the type of account involved, the payee, and the markings contained on the checks at issue, we decline to discuss them. 3Petitioner does not address the individual deposits at issue and does not contend that such deposits stem from a nontaxable source.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011