Frank J. & Ann M. Feraco - Page 18




                                       - 18 -                                         

          respondent's determination that Thomas had capital gain income              
          which totaled $15,714 and $15,040 in 1993 and 1994, respectively.           
               Under section 6001, a taxpayer must maintain adequate books            
          and records of taxable income.  In the absence of adequate                  
          records, the Commissioner is authorized to reconstruct a                    
          taxpayer's income by any reasonable method that clearly reflects            
          income.  Sec. 446(b).  A bank deposit is prima facie evidence of            
          income, and the Commissioner does not need to prove a likely                
          source of that income.  Estate of Mason v. Commissioner, 64 T.C.            
          651, 656-657 (1975), affd. 566 F.2d 2 (6th Cir. 1977); Smith v.             
          Commissioner, T.C. Memo. 1993-460.                                          
               Respondent determined that Thomas had $1,700 of unreported             
          income in 1993 after an analysis of Thomas' bank deposits.                  
          Thomas claimed that the payments may have been a transfer from              
          one of his other accounts.  The burden of showing duplication is            
          on the petitioner.  Estate of Mason v. Commissioner, supra at               
          657-659; Zarnow v. Commissioner, 48 T.C. 213, 216 (1967).  Thomas           
          did not provide any records to support his position.                        
          Accordingly, we conclude that Thomas had $1,700 of unreported               
          income in 1993.  Respondent determined that this $1,700 was                 
          Schedule C income.  Petitioner did not prove otherwise.                     
          Respondent’s determination is sustained.                                    
               Section 162 provides for a deduction for all ordinary and              
          necessary expenses paid or incurred during the taxable year in              





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011