Steven H. Toushin - Page 9




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          burden of proof as to any underlying deficiency.  See Rule                  
          142(a).                                                                     
               A.  Respondent's Indirect Method of Proof                              
               When a taxpayer fails to keep sufficient records to enable             
          respondent to determine his correct tax liability, respondent may           
          compute the taxpayer's income by any method that clearly reflects           
          income.  See secs. 446(b), 6001; Sutherland v. Commissioner, 32             
          T.C. 862 (1959).                                                            
               Respondent used the cash method to indirectly prove that               
          petitioner had unreported income for the years in issue.  The               
          Court of Appeals for the Seventh Circuit has held that the cash             
          method is an acceptable method for calculating a taxpayer's                 
          unreported income.  See United States v. Hogan, 886 F.2d 1497,              
          1509 (7th Cir. 1989).  In United States v. Hogan, supra at 1508-            
          1509, the Court of Appeals stated:                                          
               [The cash method] is a variation on the "cash                          
               expenditures" method * * *.  The cash expenditures                     
               method determines the amount of unreported income by                   
               "establishing the amount of [defendant's] purchases and                
               services which are not attributable to the resources at                
               hand at the beginning of the year or to non-taxable                    
               receipts during the year."  If the amount of purchases                 
               and services exceeds defendant's reported income,                      
               resources on hand, and nontaxable receipts, the jury                   
               may infer that the defendant underreported income.                     
                    Like the cash expenditures method, the cash method                
               focuses on the taxpayer's sources and uses of income.                  
               Unlike the cash expenditures method, however, the tax                  
               expert considers only coin and currency when using the                 
               cash method, ignoring assets and purchases that do not                 
               generate cash.12  * * *  Sources for cash include cash                 





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