- 6 - claimed inaccuracy in respondent's calculations. See id. at 1294; Webb v. Commissioner, 394 F.2d 366, 372 (5th Cir. 1968), affg. T.C. Memo. 1966-81; DiLeo v. Commissioner, 96 T.C. 858, 871 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Harper v. Commissioner, 54 T.C. 1121, 1129 (1970). The reconstruction of income need only be reasonable in light of all surrounding facts and circumstances. See Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970); Schroeder v. Commissioner, 40 T.C. 30, 33 (1963). For 1992 and 1993, respondent determined petitioners' income using the bank deposits method. In 1994 and 1995, respondent determined petitioners' income using the cash expenditures method. 1. Bank Deposits Analysis In general, the bank deposits method reconstructs a taxpayer's income by analyzing deposits and withdrawals from a taxpayer's bank account. See Dodge v. Commissioner, 96 T.C. 172, 181 (1991), affd. in part and revd. in part on another ground and remanded 981 F.2d 350 (8th Cir. 1992). Bank deposits are prima facie evidence of income, and the Commissioner need not show a likely source of that income. See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Estate of Mason v. Commissioner, 64 T.C. 651, 656-657 (1975), affd. 566 F.2d 2 (6th Cir. 1977). When the bank deposits method is employed, however, the Commissioner must take into account any nontaxable source or deductible expense of whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011