Eva J. Madigan - Page 6

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          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.                                                          



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