- 9 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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