- 24 - 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 bankPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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