Jerry S. Payne - Page 24

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                   Additional Deductions Claimed by Petitioner                        
                                                                                     
          Business Deductions:               1987              1988                   
          Depreciation/Office Equip.         $ 77,393       $ 58,045                  
          Bad Debt Deduction                 --             127,174                   
          Payment to TABC                    15,700         --                        
          NOL Carryforward from 1985         70,000         --                        
          Itemized Deductions:                                                        
          Medical                            15,442            --                     
          Charitable Contributions           2,300             --                     
                        Total               $180,835       $185,219                  

                                         OPINION                                      
          Unexplained Bank Deposits and Other Funds                                   
               On October 13, 1991, and October 26, 1992, respectively, the           
          normal 3-year period of limitations for assessment expired with             
          respect to petitioner’s 1987 and 1988 Federal income tax liabilities.       
          Accordingly, respondent’s 1987 and 1988 notices of deficiency dated         
          October 13, 1994, and September 26, 1995, respectively, are timely          
          only if respondent establishes that petitioner’s 1987 and 1988              
          Federal income tax returns were fraudulently filed or that there was        
          omitted on those returns more than 25 percent of petitioner’s correct       
          gross income for each year.  Sec. 6501(c), (e).                             
               Generally, bank deposits represent prima facie evidence of             
          income, and respondent need not prove a likely taxable source of such       
          income.  Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).  However,         
          where fraud is at issue, bank deposits will not be treated as taxable       
          income unless respondent proves a likely taxable source of the bank         






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