- 16 - 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-calledPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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