- 74 - assert that it would have been impossible for those restaurants to generate the sales necessary to produce the amount of unreported income determined by respondent. Petitioners maintain that the restaurants' method of accounting for cash assured that all cash was accounted for and that there was no skimming of cash during the years in issue. Bank deposits are prima facie evidence of income. Tokarski v. Commissioner, 87 T.C. at 77; see also United States v. Conaway, 11 F.3d 40, 43 (5th Cir. 1993) ("the evidence of bank deposits suffices to raise the inference that the taxpayer's income came from a taxable source"). We have decided above that the Takaos had unreported income as evidenced by unexplained bank deposits and cash purchases. Respondent need not prove a likely source of that unreported income. Petzoldt v. Commissioner, 92 T.C. at 695-696; Tokarski v. Commissioner, supra at 77. Here, however, a likely source exists in sales receipts of the restaurant owned by them and the restaurants owned by Toraya, of which the Takaos were the sole shareholders. Petitioners bear the burden of proving that Toraya did not underreport its income. Rule 142(a); Calhoun v. United States, 591 F.2d at 1245; Truesdell v. Commissioner, 89 T.C. 1280 (1987). Petitioners presented expert testimony by John Shimmon (Shimmon) in support of their contention that the restaurants could not have unreported sales receipts. Shimmon stated that in the restaurant business the difference between cost of sales andPage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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