-17- method, income is computed by determining a taxpayer's net worth (excess of the cost of assets over liabilities) at the beginning and end of a year. The difference between the two amounts is the increase in net worth. This difference is increased by adding nondeductible expenditures, including living expenses, and by subtracting gifts, inheritances, loans, and the like. Holland v. United States, 348 U.S. 121, 125 (1954). An increase in a taxpayer's net worth, plus his or her nondeductible expenditures, less nontaxable receipts, may be considered taxable income. Id. In a net worth case, respondent must: (a) Establish the taxpayer's opening net worth with reasonable certainty, and (b) either show a likely income source or negate possible nontaxable sources. Holland v. United States, supra at 132-138; Brooks v. Commissioner, 82 T.C. 413, 431-432 (1984), affd. without published opinion 772 F.2d 910 (9th Cir. 1985). Courts must closely scrutinize use of the net worth method. Holland v. United States, supra at 125. Its use requires the exercise of great care and restraint to prevent a taxpayer from being ensnared in a system which is difficult for the taxpayer to refute. Id. 2. Whether Respondent's Determinations of the Amount of Cash Petitioners Had on December 31, 1982, 1983, 1984, 1985, 1986, and 1987 Are Arbitrary Respondent determined that petitioners had $140,000 in cash on December 31, 1982, and $40,000 on December 31, 1983, 1984,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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