- 18 - OPINION Respondent based his determination of a deficiency in petitioner's 1988 Federal income tax entirely on five disputed insurance checks. After adjustments, the deficiencies for 1989, 1990, and 1991 are net amounts representing (1) one-third of the gross receipts from the remainder of the 162 disputed insurance checks, (2) respondent's reversal of petitioner's yearend ledger adjustments, which petitioner claims identify amounts in his client trust account which were not taxable receipts, and (3) insurance settlement checks deposited into the Mitsui client trust account in 1991 and a $3,000 cash deposit into that same account in 1989. Unreported Income Respondent, on the basis of the 162 cashed checks made out to petitioner's law firm, determined that petitioner had unreported income for each of the years in issue. The Commissioner's determinations are entitled to a presumption of correctness. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). The burden is upon the taxpayer to demonstrate in the first instance that the Commissioner's determination is arbitrary and unreasonable in order to deprive it of the presumption of correctness. Harbin v. Commissioner, 40 T.C. 373, 376 (1963).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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