Paul Mifsud and Maria G. Mifsud - Page 21




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          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...)           




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