Shigenori Kudo and Motomi Kudo, et al. - Page 74

                                       - 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 and            




Page:  Previous  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  Next

Last modified: May 25, 2011