- 9 - 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 theyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011