Morton Zuckerman - Page 14

                                       - 14 -                                         

               Second, the evidence does not establish that petitioner made           
          any interest payments to Lawrence with his own funds during the             
          years at issue.  Her testimony implies that the initial scheduled           
          payments that she received were drawn on CEA's account.                     
          Subsequent interest checks were drawn on petitioner's personal              
          account, but many of these were returned for insufficient funds.            
          Petitioner did not prove that any checks payable to Lawrence from           
          his own account cleared during the years at issue.                          
          Bank Deposits                                                               
               Section 6001 requires each taxpayer to maintain records                
          sufficient to establish the amount of his gross income and                  
          deductions.  Where a taxpayer fails to keep adequate records, the           
          Commissioner is authorized by section 446(b) to reconstruct his             
          income by any reasonable method.  Petzoldt v. Commissioner, 92              
          T.C. 661, 687, 693 (1989).  Use of the bank deposits method for             
          reconstructing income is well established.  DiLeo v.                        
          Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir.           
          1992); Estate of Mason v. Commissioner, 64 T.C. 651, 656 (1975),            
          affd. 566 F.2d 2 (6th Cir. 1977).  Under the bank deposits method           
          there is a rebuttable presumption that all funds deposited to a             
          taxpayer's bank account constitute taxable income.  Price v.                
          United States, 335 F.2d 671, 677 (5th Cir. 1964); Hague Estate v.           
          Commissioner, 132 F.2d 775, 777-778 (2d Cir. 1943), affg. 45                
          B.T.A. 104 (1941); DiLeo v. Commissioner, supra at 868.  The                





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011