- 14 - omitted from petitioner's returns. United States v. Merrick, 464 F.2d 1087, 1092 (10th Cir. 1972). In this case, where petitioner has failed to keep the required records, respondent was justified in determining petitioner's tax liabilities for the years at issue by this method. Parrish v. Commissioner, T.C. Memo. 1997- 474; McManus v. Commissioner, T.C. Memo. 1972-200, affd. without published opinion 498 F.2d 1399 (4th Cir. 1973). Petitioner testified at trial that all of the money actually belonged to two men, "Cos" and "Bro", who gave him living expenses and drugs as gifts in appreciation of his renting the boxes and depositing the money into the boxes on their behalf. Petitioner estimated the value of these gifts was $48,900 in 1987, and $55,600 in 1988. Petitioner testified that when Cos and Bro needed to contact him they would beep him on his electronic pager. Petitioner testified that the last time he had contact with Cos and Bro was in 1988 when they gave him phony identification in the name of Robert Morrison and the attache case full of cash to deposit in the Univault box. Petitioner did not call Cos and Bro as witnesses or produce any other evidence that could verify his story. Petitioner relies on only his testimony to carry the burden of proving the source of the bundles of cash. Thus, the issue is one of credibility wherein we must determine the extent to which the proffered testimony is believable. See Schad v. Commissioner, supra at 620.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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