Paul Mifsud and Maria G. Mifsud - Page 22




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          of those reductions of petitioners' bank deposits for the years             
          at issue.5  However, petitioners contend that for each year at              
          issue the excess of (1) petitioners' bank deposits reduced by               
          those amounts attributable to nontaxable sources that respondent            
          allowed over (2) the amount of total income that petitioners                
          reported in their return for each such year also is attributable            
          to a nontaxable source, namely, a cash hoard.                               
               Respondent may disprove petitioners' allegation of a cash              
          hoard by showing that respondent's reconstruction of income under           
          the bank deposits method is accurate and that petitioners'                  
          allegation of a cash hoard is inconsistent, implausible, and not            
          supported by objective evidence in the record.  See Parks v.                
          Commissioner, supra.  On the record before us, we find that                 
          respondent's reconstruction of petitioners' income under the bank           
          deposits method, as alleged as part of respondent's alternative             
          position in the answer, is accurate.  Indeed, the only complaint            


               4  (...continued)                                                      
          on the notice, respondent reduced petitioners' total deposits for           
          the years at issue in amounts of such deposits that were greater            
          than those allowed under respondent's alternative position in the           
          answer.                                                                     
               5  Respondent also adjusted the total income of Paul & Joe,            
          Inc., (1) for 1993 in the amounts of $14,515 for corporate                  
          purchases paid for by Mr. Mifsud and $2,000 for checks deposited            
          to that business for cash and (2) for 1994 in the amounts of                
          $11,946 for corporate purchases paid for by Mr. Mifsud and $7,691           
          for checks deposited to that business for cash.  Petitioners do             
          not dispute those adjustments.                                              




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