- 19 - show that the determination is incorrect. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). In calculating petitioner’s income using the bank deposits method, respondent considered deposits to the Business Account and made a downward adjustment for any withdrawals from the Trust Accounts that were deposited to the Business Account in order to prevent duplication.8 Respondent’s method of computing petitioner’s law practice income insured that petitioner was not taxed on receipts that constituted loan proceeds or other nontaxable receipts by eliminating such deposits from the computation. Respondent’s method further insured that petitioner was not taxed twice on receipts that were properly reportable at places on petitioner’s returns other than on the law practice Schedule C. Petitioner admitted both in his pleadings and during trial that some income had been unreported. In all of the tax years at issue, there were discrepancies between what was deposited into petitioner’s Business Account and what was reported as gross receipts on petitioner’s tax returns. During 1987, 1988, 1989, and 1990, the amounts of gross deposits to the Business Account were $331,575, $367,895, $505,464, and $1,135,338, respectively. 8 For example, in 1988 respondent made a $749,227 upward adjustment to petitioner’s 1988 income for certain withdrawals from the Trust Accounts. That adjustment, however, was offset by two downward adjustments: One in the amount of $202,266 for interaccount transfers and one in the amount of $185,992 for repayments to the Trust Accounts.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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