Shigenori Kudo and Motomi Kudo, et al. - Page 40

                                       - 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 and           





Page:  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