Warren R. Ketler - Page 13




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          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 was            

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