- 11 - and large bank deposits. Mills v. Commissioner, 399 F.2d 744, 749 (4th Cir. 1968), affg. T.C. Memo. 1967-67; DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). The deficiency determination is presumed correct. Welch v. Helvering, 290 U.S. 111, 111 (1933). Petitioner has the burden of proving that respondent's determination is incorrect. Rule 142(a); Nicholas v. Commissioner, 70 T.C. 1057, 1064 (1978); Estate of Mason v. Commissioner, 64 T.C. 651, 657 (1975), affd. 566 F.2d (6th Cir. 1977). Here petitioners first argue that respondent's determination should not be sustained because the revenue agent did not have sufficient time to complete his audit, and he said that he only estimated the deficiencies. Petitioners misunderstood the revenue agent's testimony at trial in which he stated that he requested an extension of time to complete his examination and that the deficiencies determined were, in his best estimate, correct. In challenging respondent's income reconstruction, there is evidence in this record that supports petitioners' claim that some of the deposits were from nontaxable sources. The evidence primarily consists of Mr. Ortiz' testimony, bank account statements, canceled checks, and other documents. On brief, respondent stresses that Mr. Ortiz was not able to readily trace nontaxable payments received to specific bank deposits. We arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011