John Boyd Tenney - Page 14

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               With regard generally to respondent's bank deposits analysis           
          of additional income received by petitioner, the evidence                   
          indicates that petitioner realized substantial proceeds from the            
          sale of stock and commodities.  Also, petitioner deposited funds            
          received from investors into his personal bank accounts, and                
          petitioner invested those funds for his personal benefit.                   
          Accordingly, those funds are to be treated as converted to                  
          petitioner’s personal use and as a taxable source of deposits               
          into petitioner's bank accounts.  It is thus established that at            
          least two taxable sources existed for the large deposits made               
          into petitioner's personal bank accounts (namely, proceeds from             
          the sale of stock and commodities and investor funds converted to           
          petitioner’s personal use).                                                 
               Under the bank deposits method of proof and for purposes of            
          the tax deficiencies at issue herein, we conclude that for 1985,            
          1986, 1987, and 1988, total deposits of $7,376, $189,773,                   
          $1,405,320, and $34,532, respectively, into petitioner's personal           
          bank accounts are to be treated as taxable income to petitioner.            
          No credible evidence indicates that petitioner used those funds             
          for business purposes.                                                      
               The funds, however, deposited in 1986 and 1987 into ReCom's            
          corporate bank account at Zions First National Bank in the total            
          amounts of $87,665 and $176,130, respectively, should not be                
          treated as taxable income to petitioner.  No credible evidence              






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