Ilya G. and Sophia K. Margolis - Page 7




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          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.                                                                   


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