- 21 - tablishes that any portion of an underpayment is attributable to fraud, the entire underpayment is to be treated as attributable to fraud, except with respect to any portion of such underpayment which the taxpayer establishes by a preponderance of the evidence is not attributable to fraud. See sec. 6663(b). In a situation such as the present case in which the allegations of fraud are intertwined with unreported and indirectly reconstructed income, respondent can satisfy the burden of establishing an underpayment in one of two ways: (1) Where the taxpayer alleges a nontaxable source for the unreported income reconstructed by respondent, by disproving that alleged nontaxable source, see Parks v. Com- missioner, 94 T.C. 654, 661 (1990), or (2) by proving a likely source of that unreported income, see Parks v. Commissioner, supra. The parties stipulated that petitioners made bank deposits during 1992, 1993, and 1994 totaling $197,097.69, $204,944, and $288,841, respectively. As part of respondent's alternative position in the answer, respondent permitted petitioners to reduce their total bank deposits for 1992, 1993, and 1994 by $46,644, $49,638, and $122,459, respectively, which were the amounts of deposits that respondent concluded were attributable to nontaxable sources.4 Petitioners do not dispute the amounts 4 Under respondent's position in the answer that is based (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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