Bradley G. Bjelk - Page 12

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          "unreported income" item in each notice of deficiency represents            
          petitioner's cost of living during the respective year in issue.4           
          It is not clear, however, that the "unreported income" amounts              
          determined by respondent constitute a reasonable approximation of           
          petitioner's cost of living in years where petitioner has                   
          stipulated or admitted to income from other sources in amounts              
          that may have been used to meet his cost of living.5  With these            
          considerations in mind, we review the evidence for each year.               
          1988                                                                        
               The parties have stipulated that petitioner received wages             
          of $14,239 and interest income of $13 in 1988.  It has also been            
          stipulated that in 1987 petitioner purchased business property in           
          Cortland, Illinois (the Crazy Horse property), and operated the             
          Crazy Horse Saloon on these premises in 1987 and 1988.  In                  
          connection with the trial of this case, petitioner completed and            
          signed a 1988 Federal income tax return, on Schedule C of which             



               4 We note that respondent in this case did not provide the             
          supporting detail with respect to the BLS reconstruction that was           
          provided by the Commissioner in Giddio v. Commissioner, 54 T.C.             
          1530 (1970).                                                                
               5 Respondent also relies on Diercks v. Commissioner, T.C.              
          Memo. 1996-345, a case in which we sustained determinations of              
          unreported income based on reconstructions from BLS data.                   
          However, Diercks is distinguishable from some of the years at               
          issue in the instant case.  In Diercks, the taxpayer denied                 
          receiving income greater than $500 in each year, despite proof of           
          expenditures for living expenses that far exceeded that amount.             
          Here, petitioner has stipulated or admitted to income in some               
          years that could be sufficient to meet his living expenses.                 




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