- 15 - 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'sPage: 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