- 6 - Based on the results of Agent Stacks' audit, respondent on July 20, 1995, issued a notice of deficiency to petitioner. Respondent subsequently conceded that Agent Stacks made an error in the analysis relating to petitioner's 1989 tax year and now contends that the correct amount of unreported income for 1989 is $238,834.27 rather than the $386,663 earlier determined. OPINION Respondent's determinations are presumed to be correct, and petitioner bears the burden of proving them erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Mattingly v. United States, 924 F.2d 785, 787 (8th Cir. 1991). I. Unreported Income Gross income includes all income from whatever source derived. Sec. 61(a). If a taxpayer fails to maintain adequate records of taxable income, the Commissioner may reconstruct income in accordance with a method that clearly reflects the full amount of income received. Sec. 446(b); Rowell v. Commissioner, 884 F.2d 1085, 1087 (8th Cir. 1989), affg. T.C. Memo. 1988-410; Meneguzzo v. Commissioner, 43 T.C. 824, 831 (1965). Respondent used the bank deposits method to reconstruct petitioner's income for 1988 and 1989. Bank deposits are prima facie evidence of income, Tokarski v. Commissioner, 87 T.C. 74, 77 (1986), and under the bank deposits method, all money deposited into a taxpayer's bank account during a given period isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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