John Boyd Tenney - Page 20

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          Petitioner claims that he did not file income tax returns for the           
          years in issue because he received no salary or wages and because           
          he earned no income.                                                        
               In our consideration of the fraud addition to tax, we must             
          consider petitioner’s taxability on the specific items of income            
          and on the deposits into his bank accounts and petitioner’s                 
          claimed losses and expenses in light of the placement of the                
          burden of proof on respondent by clear and convincing evidence.             
               For 1984, 1985, 1987, 1988, and 1989, the specific items               
          that we have charged to petitioner as income are established by             
          clear and convincing evidence, and the large expenses and losses            
          that petitioner claims are not supported by any credible                    
          evidence.                                                                   
               With regard to the income charged to petitioner under the              
          bank deposits method of proof, respondent has established likely            
          taxable sources of the bank deposits, and petitioner makes no               
          credible argument as to nontaxable sources of those deposits.               
          Accordingly, for fraud purposes, we treat all of the unexplained            
          bank deposits as additional income to petitioner.                           
               In the schedule below and for purposes of analyzing the                
          imposition of the fraud addition to tax, we set forth our                   
          calculations of petitioner’s net income for each year in issue,             
          reflecting all expenses and losses that are allowed by respondent           
          and that are allowed herein:                                                






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