- 384 - engaged in an income-producing business, and (2) that regular deposits of funds having the appearance of income were made to bank accounts during the course of business. After the Government has made this showing and given the taxpayer credit in the income computation for any clearly identified nontaxable sources, the taxpayer has the burden to explain "as far as possible" the nature of the deposits. No credible evidence was introduced to support Kanter's assertion that the deposits were loans. The bank deposit slips did not indicate the source and nature of the payments. Although Kanter produced a summary analysis regarding the deposits and his check register containing notations that certain deposits were loans, the underlying documents pertaining to the purported loans were not provided. No promissory notes and no journals or ledgers with respect to interest payments are extant. Kanter's self-serving testimony is not persuasive in view of the dubious accounting techniques used by Administration Co. and Kanter's failure to produce the necessary documents to establish that there were loans. We find the testimony of the accountant, Gallenberger, unreliable and her analysis fatally flawed because she did not rely on the source documents for the purported loans. She did not review the records of any entities to or by which the purported loans were made. Moreover, the use of schedules and a summary analysis prepared for trial further lacked credibility inPage: Previous 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 Next
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