Beatrice DiPierro - Page 10




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          part Mandina v. Commissioner, T.C. Memo. 1982-34.  Petitioner               
          argues, however, that this case presents an exception to the                
          general rule because the notice of deficiency, at least with                
          respect to the items here in question, is arbitrary and without             
          foundation.  Petitioner cites Llorente v. Commissioner, 649 F.2d            
          152 (2d Cir. 1981), affg. in part revg. in part, and remanding 74           
          T.C. 260 (1980).  In Llorente, the Commissioner’s notice of                 
          deficiency was based on his reconstruction of the taxpayer’s                
          income from drug dealing, and in the view of the Court of Appeals           
          there was inadequate evidence that the taxpayer had actually                
          purchased or sold cocaine during the period in issue.  In                   
          Tokarski v. Commissioner, 87 T.C. 74 (1986), we distinguished               
          Llorente (which would have applied under the doctrine of Golsen             
          v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th               
          Cir. 1971)), on the basis that, in that case (Tokarski), which              
          involved a bank deposit of $30,000, there was no question that              
          the taxpayer received that sum:  “Under these circumstances, we             
          hold that there is no requirement that respondent produce                   
          evidence linking petitioner to an income-producing activity as a            
          precondition to requiring petitioner to meet his burden of                  
          proof.”  Tokarski v. Commissioner, 87 T.C. at 76-77 (fn. ref.               
          omitted).   We generalized:  “A bank deposit is prima facie                 
          evidence of income and respondent need not prove a likely source            
          of that income.”  Id. at 77.  The same holds true for a cash                





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