Edward Nathan Levine - Page 13

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          petitioner put into a safe deposit box in 1988.  Furthermore,               
          petitioner filed a claim for the money seized from the boxes at             
          the California banks and for the Cadillac from which the $27,620            
          was seized.  Finally, petitioner admits that he rented the boxes,           
          and that he put the money into the boxes.                                   
               Respondent has connected petitioner to the funds that form             
          the basis of the deficiency; the notice of deficiency was not               
          arbitrary.  Delaney v. Commissioner, supra; Schad v.                        
          Commissioner, supra; Tokarski v. Commissioner, supra.                       
               Since respondent's deficiency notice was not arbitrary,                
          petitioner has the burden of going forward with the evidence as             
          well as the ultimate burden of persuasion.  Dellacroce v.                   
          Commissioner, supra at 280.                                                 
               Every taxpayer is required to maintain adequate records of             
          taxable income.  Sec. 6001.  Petitioner did not file a Federal              
          income tax return or make any estimated Federal income tax                  
          payments for any of the years at issue.  Nor did he maintain                
          adequate records from which the amount of his income or Federal             
          income tax liability for any of the years at issue could be                 
          computed.  In the absence of such records, respondent may                   
          reconstruct the taxpayer's income by any reasonable method that             
          clearly reflects income.  Sec. 446(b); Holland v. United States,            
          348 U.S. 121, 130-132 (1954); Parks v. Commissioner, 94 T.C. 654,           
          658 (1990).  Respondent used the specific items method of proof             
          to determine petitioner's income for the taxable years at issue.            
          This method requires proof of specific items of income that were            



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