- 7 - 632, 645 (1994); DiLeo v. Commissioner, 96 T.C. 858, 868 (1991), affd. 959 F.2d 16 (2d Cir. 1992). Therefore, petitioners bear the burden of proving that they did not receive additional unreported income in the amount of $11,955. On the other hand, it is also clear that the Commissioner bears the burden of proving that the taxpayer is liable for any increased deficiency asserted by the Commissioner after issuance of the notice of deficiency. See Rule 142(a); Shaller v. Commissioner, T.C. Memo. 1984-584, affd. per curiam without published opinion 813 F.2d 403 (4th Cir. 1986). Thus, respondent bears the burden of proving the increase in the amount of unreported income from $11,955 to $16,727 (i.e., the $2,970 decrease in the amount of otherwise taxed deposits and the $1,802 increase in the amount of total deposits). With these principles in mind, we turn to the matter before us. B. Amount of Deposits From Previously Taxed or Nontaxable Sources Petitioners contend that respondent's determination is erroneous because the deposits in question consist of previously taxed or nontaxable amounts. Specifically, petitioners contend that the unexplained deposits partially represent a gift in the amount of $10,000 from Mr. Margolis' mother. Petitioners further claim that they deposited more than 95 percent of Mrs. Margolis' self-employment earnings accounting for the remaining unexplained deposits.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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