Chung Ui Kim and Ok Hui Kim - Page 10




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          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.                                                                       





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