Jerry Lee Harvey - Page 34




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          96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992).                   
          Though not conclusive, bank deposits are prima facie evidence of             
          income.  See Estate of Mason v. Commissioner, 64 T.C. 651, 656-              
          657 (1975), affd. 566 F.2d 2 (6th Cir. 1977); see also Price v.              
          United States, 335 F.2d 671, 677 (5th Cir. 1964) (the bank                   
          deposits method assumes that all money deposited in a taxpayer's             
          bank account during a given period constitutes gross income);                
          Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Jones v.                    
          Commissioner, 29 T.C. 601 (1957).  Where the taxpayer has failed             
          to maintain adequate records as to the amount and source of his              
          or her income, and the Commissioner has determined that the                  
          deposits are income, the taxpayer has the burden of showing that             
          the determination is incorrect.  See Rule 142(a); Clayton v.                 
          Commissioner, 102 T.C. 632, 645 (1994); Parks v. Commissioner,               
          supra; Estate of Mason v. Commissioner, supra.  Furthermore, the             
          Court of Appeals for the Eleventh Circuit, to which these cases              
          are appealable, has accepted the bank deposits method of income              
          reconstruction.  See United States v. Carter, 721 F.2d 1514, 1538            
          (11th Cir. 1984) (citing United States v. Boulet, 577 F.2d 1165              
          (5th Cir. 1978)).                                                            
               Petitioner was engaged in illegal narcotics activities.  In             
          addition, the parties stipulated that in 1993 petitioner                     
          testified during his criminal trial in Florida as follows:                   







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