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