- 10 - 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 cashPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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