Stephen H. Rifkin & Pamela T. Rifkin - Page 9

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          Webb v. Commissioner, 394 F.2d 366, 372 (5th Cir. 1968), affg.              
          T.C. Memo. 1966-81.                                                         
               Taxpayers are required to maintain records, including the              
          maintaining of documentation of transactions, expenses, etc.  See           
          sec. 6001.  The bank deposits method has been approved as an                
          indirect method with which to reconstruct income.  United States            
          v. Carter, 721 F.2d 1514, 1538 (11th Cir. 1984) (citing United              
          States v. Boulet, 577 F.2d 1165 (5th Cir. 1978)).                           
               In Clayton v. Commissioner, 102 T.C. 632, 645 (1994), we               
          described the attributes and use of the bank deposits method as             
          follows:                                                                    
                    Bank deposits are prima facie evidence of income,                 
               Tokarski v. Commissioner, 87 T.C. 74, 77 (1986), and                   
               the taxpayer has the burden of showing that the                        
               determination is incorrect, Estate of Mason v.                         
               Commissioner, 64 T.C. 651, 657 (1975), affd. 566 F.2d 2                
               (6th Cir. 1977).  In such case the Commissioner is not                 
               required to show a likely source of income, id.,                       
               although here she has done so.  The bank deposits                      
               method assumes that all money deposited in a taxpayer's                
               bank account during a given period constitutes taxable                 
               income, but the Government must take into account any                  
               nontaxable source or deductible expense of which it has                
               knowledge.  DiLeo v. Commissioner, 96 T.C. at 868.                     
               Here, petitioners do not contend that the deposits were not            
          made or that respondent did not allow for nontaxable sources or             
          for additional deductions.  Instead, petitioners argue that their           
          method more accurately reflects income.  On brief, petitioners              
          generally describe their argument as follows:                               








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