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