- 10 - rely on Bok Kim’s testimony to support petitioners’ position herein. See Ruark v. Commissioner, 449 F.2d 311, 312 (9th Cir. 1971), affg. T.C. Memo. 1969-48; Tokarski v. Commissioner, 87 T.C. at 77. Furthermore, petitioners have failed to introduce any evidence whatsoever relating to the existence of any nontaxable sources for the $542,641 in unexplained funds deposited into their banking accounts in 1995. Petitioners make no claim that they held on to loan and inheritance proceeds received in 1993 and 1994 before depositing them in 1995.9 Additionally, given the cost of goods sold as stipulated in this case, petitioners would have had to have been selling their inventory at below cost in 1993 and 1994 if TBJ’s gross receipts were as reported. Yet Chung Kim testified that he marked up the merchandise by almost 25 percent. Petitioners offer no credible evidence that any of the unexplained deposits represent loan and inheritance proceeds. Hence, petitioners have not disproved that the excess deposits originate from a taxable source as respondent determined. Accordingly, respondent’s determinations, after concessions, are sustained. 9Chung Kim testified that he never left the loan and inheritance proceeds in his safe but rather deposited the funds within 3 days of delivery. Additionally, TBJ’s balance sheet for Dec. 31, 1994, reflects cash on hand and in the bank of only $9,663.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011