- 40 - Source Amount Cash deposits to accounts in United States $11,400 Deposits to accounts in Japan 81,933 Check from USA Publishing 2,000 Check from Toraya Apartments 2,000 Check from Alameda County 1,688 Deposits from unknown sources 10,081 Total 109,102 Less deposits to accounts in Japan conceded 171,825 Unexplained deposits in issue 37,277 1 The Takaos agree that $10,108 of the $81,933 deposited to accounts in Japan is taxable income from rents that was not reported on their 1991 tax return. As we stated supra, bank deposits are prima facie evidence of income, and respondent need not prove its likely source. Clayton v. Commissioner, 102 T.C. at 645; Petzoldt v. Commissioner, 92 T.C. 661, 695-696 (1989); Tokarski v. Commissioner, 87 T.C. at 77. Petitioners have the burden of proving that the unexplained bank deposits came from a nontaxable source. Calhoun v. United States, 591 F.2d at 1245; Ruark v. Commissioner, 449 F.2d at 312. Petitioners contend that a nontaxable source of the unexplained bank deposits consists of cash sent to the Takaos from Akiko's mother in Japan. Petitioners assert further that another nontaxable source consists of a cash hoard that Akiko had accumulated before January 1, 1988, from cash the Takaos received between 1982 through 1987 from Akiko's parents, from interest income ($389,621) paid to the Takaos between 1982 and 1987, and from payments they received from the sales of the Silver Lake andPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011