Warren R. Ketler - Page 6




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               On the basis of the foregoing, respondent calculated that              
          petitioner had additional income in 1990 and 1991 from Thru The             
          Lens, as follows:                                                           
                                             1990           1991                      
               Total deposits           $89,172        $63,158                        
               Less transfers               (2,900)        (1,000)                    
               Net deposits             86,272         62,158                         
               Less business expenses       (4,499)        (6,168)                    
               Net profit               81,773         55,990                         
              Respondent's counsel then contacted petitioner and asked               
          whether petitioner would attend a meeting to review and explain             
          the entries in the bank records.  Petitioner declined to do so.             
          At trial, we granted respondent leave to file an amendment to               
          answer, setting forth the increased deficiencies based upon the             
          inclusion of the Thru The Lens income.2                                     
                                       OPINION                                        
               The determinations of the Commissioner in a notice of                  
          deficiency are presumed correct, and the taxpayer bears the                 
          burden of proving that the determinations are in error.  See Rule           
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  In cases             
          involving the Commissioner’s determinations of unreported income,           


               2 Respondent's amendment to answer indicates petitioner                
          earned more than enough income to support himself during 1990.              
          Accordingly, respondent did not use BLS statistics to calculate             
          the amount of deficiencies set forth in the amendment to answer.            
          Nor did the deficiencies reflected in the amendment to answer               
          include payments of interest from Great Western Bank.  Apparently           
          respondent omitted that interest income as a separate item                  
          because it was part of the reconstructed income reflected as                
          deposits to petitioner's bank account.                                      

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