John Boyd Tenney - Page 11

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               Generally, for purposes of tax deficiencies determined in              
          respondent's notices of deficiency, bank deposits are treated as            
          prima facie evidence of receipt of taxable income, and respondent           
          need not prove a taxable source of the deposits.  Parks v.                  
          Commissioner, supra; Tokarski v. Commissioner, 87 T.C. 74, 77               
          (1986); Estate of Mason v. Commissioner, 64 T.C. 651, 657 (1975),           
          affd. 566 F.2d 2 (6th Cir. 1977).                                           
               As explained, respondent argues that petitioner should be              
          taxed (1) under the specific item method of proof on specific               
          items of income that the evidence indicates petitioner received             
          during the years in issue (including gain petitioner realized on            
          the sale of stock and commodities and on funds petitioner                   
          received from checks that were not deposited into petitioner's              
          bank accounts but that were made payable to petitioner or                   
          endorsed over to petitioner) and (2) under the bank deposits                
          method of proof on funds deposited into petitioner’s personal and           
          ReCom’s bank accounts.                                                      
               Respondent contends that petitioner's participation on his             
          own behalf in numerous transactions for the purchase and sale of            
          stock and commodities and petitioner's treatment as his own of              
          funds received from investors constitute the primary taxable                
          source of bank deposits charged to petitioner as taxable income.            
               Petitioner contends that funds he received from investors              
          were all invested on behalf of investors, that gains realized on            
          the sale of stock and commodities should not be treated as                  




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