James E. and Chung H. Peacock - Page 17

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          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,               






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