Carolyn M. Fankhanel - Page 14

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          Appeals for the Fourth Circuit, the court to which any appeal of            
          this case is likely to go, is not clear with respect to income              
          from legal sources.  See Williams v. Commissioner, supra at 763.            
          Whatever the position of the Court of Appeals for the Fourth                
          Circuit, however, the record in this case contains ample evidence           
          that petitioner received substantial amounts of unreported income           
          from various, legal sources during the years in issue.  We have             
          found that petitioner made substantial deposits in bank accounts            
          during 1983, and during 1986 through 1992.  “A bank deposit is              
          prima facie evidence of income and respondent need not prove a              
          likely source of that income.”  Tokarski v. Commissioner, 87 T.C.           
          74, 77 (1986).  For 1983, 1987, 1988, 1989, and 1990, such                  
          deposits equal or exceed all of the cash items of income (self-             
          employment and rental income) charged to petitioner by                      
          respondent.  For 1984, 1985, 1986, and 1992, we have found that             
          petitioner either received items of gross income (e.g., rental              
          income) or reported on financial statements items of gross income           
          equal to what respondent charged her.  For 1991, petitioner had             
          bank deposits and worked as a real estate and money broker                  
          beginning in October; by indirect methods of proof, respondent              
          has provided evidence of substantial personal expenditures,                 
          sufficient to explain the self-employment income charged to                 
          petitioner for 1991.  For 1993, petitioner admitted in her                  
          bankruptcy proceeding monthly expenditures of $1,698.84, which              






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