Larry Jackson Beard and Gloria Dean Beard - Page 6

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          Commissioner, 102 T.C. 632, 645 (1994); Parks v. Commissioner,              
          supra; Estate of Mason v. Commissioner, supra.  Furthermore, the            
          Court of Appeals for the Sixth Circuit, to which this case is               
          appealable, has accepted the bank deposit method of income                  
          reconstruction.  Bevan v. Commissioner, 472 F.2d 1381 (6th Cir.             
          1973), affg. per order T.C. Memo. 1971-312; see also Woods v.               
          Commissioner, 929 F.2d 702 (6th Cir. 1991), affg. without                   
          published opinion T.C. Memo. 1989-611.                                      
               In challenging respondent's income reconstruction,                     
          petitioners introduced evidence that was intended to corroborate            
          their claim that the deposits were due to nontaxable sources.               
          This evidence primarily consists of their testimony, bank account           
          statements, credit card statements, and canceled checks.  Upon              
          review of the evidence presented, we are persuaded that the                 
          source of certain amounts of the deposits were from nontaxable              
          income items, as set forth below.                                           
               At trial, respondent stressed the fact that petitioner was             
          unable to exactly match his nontaxable payments received with               
          specific bank deposits.  Petitioner is not required to directly             
          match nontaxable funds to deposits.  If the funds are nontaxable,           
          they are removed from the unreported income determined by                   
          respondent.                                                                 
               A.  1991                                                               
               Except for the following amounts, we hold the deposits are             
          income to petitioners subject to tax pursuant to section 61(a).             



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