- 13 - the contrary, as we have found, the $28,072 paid by Stanford University in 1991 to California Barbecue is properly taxable to petitioner as an individual. 2. Bank Deposits Analysis Respondent, in an amendment to his answer, asserts increased deficiencies based upon deposits made into bank accounts maintained in petitioner’s name and Social Security number. Because respondent first asserted the increases in deficiency in an amendment to the answer, respondent bears the burden of proof as to those increases. See Rule 142(a). Bank deposits are prima facie evidence of income. See Tokarski v. Commissioner, 87 T.C. at 77. In demonstrating the existence of income under the bank deposits method, the Commissioner is not required to show a likely source of that income. See Clayton v. Commissioner, 102 T.C. 632, 645 (1994). The bank deposits method assumes that all money deposited in a taxpayer's bank account during a given period constitutes taxable income, although the Commissioner must take into account any nontaxable source or deductible expense of which the Commissioner has knowledge. See id.; DiLeo v. Commissioner, 96 T.C. at 868. In this case, respondent has met his burden of proof as to income under the bank deposits method. Respondent produced records from two Great Western Bank accounts, Nos. 308-8083971 and 308-8064948, maintained by petitioner. The first used the name "Warren R. Ketler, D.B.A. Thru The Lens" and employed petitioner's Social Security number and address. The second wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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