Ronald D. and Shirley A. Blush - Page 6




                                        - 6 -                                         
          has long been sanctioned by the courts.  See Clayton v.                     
          Commissioner, 102 T.C. 632, 645 (1994).                                     
               Bank deposits are prima facie evidence of income.  See Mills           
          v. Commissioner, 399 F.2d 744, 749 (4th Cir. 1968), affg. T.C.              
          Memo. 1967-67; Clayton v. Commissioner, supra at 645; Tokarski v.           
          Commissioner, 87 T.C. 74, 77 (1986).  When the Commissioner uses            
          the bank deposits method of analysis to reconstruct a taxpayer's            
          income, this method assumes that all money deposited in a                   
          taxpayer's bank account during a given period constitutes taxable           
          income.  The Commissioner must take into account any nontaxable             
          source or deductible expense of which he has knowledge.  See                
          Clayton v. Commissioner, supra at 646; DiLeo v. Commissioner, 96            
          T.C. 858, 868 (1991), affd. 959 F.2d 16 (2d Cir. 1992).                     
               Petitioners contend that the funds deposited into their bank           
          accounts are not taxable income.  Petitioners assert the funds              
          came from a cash hoard comprising gain from prior real estate               
          transactions and worker's compensation settlements.                         
               Petitioner testified that he did not particularly like                 
          banks, and he wanted to have more control over his money.  He               
          testified that, while he deposited funds, he sometimes withdrew             
          funds and held the cash.  Petitioner attributed his distrust of             
          banks to "Black Friday" (a date in October 1987 when the stock              
          market experienced a severe decline).  Petitioner testified that            








Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011