Armin Unger - Page 5




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               Respondent’s net worth calculation is set out in the                    
          appendix.  Amounts in bank accounts held in the name of                      
          petitioner’s mother and held jointly by petitioner and his mother            
          are included in the net worth analysis.  Inclusion of these                  
          accounts in petitioner’s net worth is supported by the evidence.             
          The net worth calculation is supported by the evidence and                   
          accurately shows petitioner’s net worth and expenditures and                 
          establishes that petitioner had net taxable income of $33,685,               
          $24,647, $108,609, and $18,038 for the years 1987, 1988, 1989,               
          and 1990, respectively.                                                      
                                       OPINION                                         
               When a taxpayer keeps no books, or keeps books that are                 
          inadequate, section 446(b) authorizes the Internal Revenue                   
          Service to compute the taxpayer’s income by any method that                  
          clearly reflects income.  See sec. 446(b).  The “net worth                   
          method” has been accepted by the courts as satisfying this                   
          legislative mandate.  Holland v. United States, 348 U.S. 121                 
          (1954).  The Supreme Court described the method as follows:                  
                    In a typical net worth prosecution, the                            
               Government, having concluded that the taxpayer’s                        
               records are inadequate as a basis for determining                       
               income tax liability, attempts to establish an “opening                 
               net worth” or total net value of the taxpayer’s assets                  
               at the beginning of a given year.  It then proves                       
               increases in the taxpayer’s net worth for each                          
               succeeding year during the period under examination and                 
               calculates the difference between the adjusted net                      
               values of the taxpayer’s assets at the beginning and                    
               end of each of the years involved.  The taxpayer’s                      
               nondeductible expenditures, including living expenses,                  
               are added to these increases, and if the resulting                      




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