Charles A. McGee - Page 19




                                               - 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

Last modified: May 25, 2011