Bobby E. Welch - Page 16

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          this would lead to an increased deficiency, respondent has the              
          burden of proof.  Rule 142(a).  As mentioned, petitioner does not           
          contend that this amount was deposited and not included in                  
          respondent's bank deposit analysis.  Petitioner argues in his               
          brief that "the cash was reported on his income tax returns."               
          Petitioner's testimony was as follows:                                      
               Q:  Did you report these monies as income * * * on your                
               tax returns?                                                           
               A:  I always had a cash item--you know--a cash amount                  
               that would be put in * * * because that was pretty                     
               visible, and that was part of the record.  On those                    
               particular ones, though, I had discussed that with Mr.                 
               Shors [the revenue agent who audited petitioners'                      
               returns] and he said that he wasn't asking for those,                  
               nor would that become part of--or be part of this                      
               procedure and trial.                                                   
          We are somewhat unsure as to the meaning of this testimony.  The            
          Greenberg firm prepared the 1986 return.  There are no documents            
          that indicate that petitioner included the cash in the income               
          figures that he gave the Greenberg firm to prepare that return.             
          More important, even if he did include cash on his reported gross           
          receipts, the fact is that his total gross income from the bank             
          deposits was $5,713 greater than the total upon which                       
          respondent's calculation was made.                                          
               With regard to the part of the testimony referring to Mr.              
          Shors, during the audit examination Mr. Shors took the total                
          deposits from the monthly bank statements and not from the                  
          deposit slips.  Even if Mr. Shors made some comment during the              
          audit to the effect that he was not concerned with so-called                




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