Paul I. Yoshihara, Laura L. Yoshihara, and Krista A. Yoshihara - Page 9




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               after taking into account the amount of resources the                  
               taxpayer had on hand at the beginning of a period, the                 
               income received by the taxpayer for the same period is                 
               compared with his expenditures that are not                            
               attributable to his resources on hand or non-taxable                   
               receipts during the period.  A substantial excess of                   
               expenditures over the combination of reported income,                  
               non-taxable receipts, and cash on hand may establish                   
               the existence of unreported income. [United States v.                  
               Citron, 783 F.2d 307, 310 (2d Cir. 1986); fn. ref.                     
               omitted.]                                                              
               Formal opening net worth statements are not required                   
          provided the evidence shows "'the extent of any contribution                
          which beginning resources or a diminution of resources over time            
          could have made to expenditures.'"  Petzoldt v. Commissioner,               
          supra at 695 (quoting Taglianetti v. United States, 398 F.2d 558,           
          565 (1st Cir. 1968)).  To carry their burden of proof,                      
          petitioners must show that the expenditures in question were made           
          from some nontaxable source of funds, such as loans, gifts, or              
          assets on hand at the beginning of the period.  See DeVenney v.             
          Commissioner, supra at 931.  Alternatively, petitioners may show            
          that the expenditures were allowable business expenses, in which            
          case they would offset the income presumed to have been received            
          by them.  See Curry v. Commissioner, T.C. Memo. 1991-102.                   
               At trial or on brief petitioners did not question                      
          respondent's determinations, based on the cash expenditures                 
          method, of the amount of income earned by them in 1994 and 1995.            
          In addition, petitioners are deemed to have admitted that they              







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