Morton Zuckerman - Page 15

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          Commissioner must take into account any nontaxable sources of               
          deposits of which she is aware in determining the portion of the            
          deposits that represent taxable income, but she is not required             
          to trace deposits to their source.  Petzoldt v. Commissioner,               
          supra 695-696; Estate of Mason v. Commissioner, supra at 657.               
               Petitioner argues that respondent could not properly                   
          conclude that deposits to his bank accounts during 1987                     
          represented taxable income without verifying the sources of the             
          deposits.  Petitioner suggests that if the revenue agent had                
          obtained petitioner's canceled checks from the banks, the                   
          information they provided as to the purposes for petitioners'               
          withdrawals might have indicated nontaxable loan proceeds or loan           
          repayments as the source of some deposits.  To the extent that              
          petitioner bears the burden of proof, respondent was fully                  
          justified in assuming that the sources of unexplained deposits              
          were taxable income.  If respondent did not identify the sources            
          of funds, it was because petitioner failed to provide                       
          documentation requested by the revenue agent and would not                  
          consent to extend the limitations period for assessment to enable           
          the agent to continue his investigation and analysis.  Petitioner           
          did not advise respondent during the audit or pretrial discovery            
          phases of the case that he had received any nontaxable funds, and           
          the Court's order of November 4, 1994, barred petitioner from               
          offering any evidence thereof at trial.  Respondent's                       





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