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