A.J. Concrete Pumping, Inc. - Page 7




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          petitioner’s 1992 income tax return, Agent Harkins performed a              
          bank deposits analysis, in which he determined that specific                
          deposits reflected in petitioner’s financial records had not been           
          reported in 1992 gross receipts on the corporate return.  In                
          addition, respondent performed bank deposits analyses for 1993              
          and 1994 generally reflecting that gross receipts had been either           
          underreported or overreported.                                              
               In cases where taxpayers have not maintained business                  
          records or where their business records are inadequate, the                 
          Commissioner is authorized to reconstruct income by any method              
          that, in the Commissioner’s opinion, clearly reflects income.               
          See sec. 446(b); Parks v. Commissioner, 94 T.C. 654, 658 (1990).            
          The Commissioner’s method need not be exact but must be                     
          reasonable.  See Holland v. United States, 348 U.S. 121 (1954).             
               The bank deposits method for computing unreported income has           
          long been sanctioned by the courts.  See Factor v. Commissioner,            
          281 F.2d 100, 116 (9th Cir. 1960), affg. T.C. Memo. 1958-94;                
          DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16           
          (2d Cir. 1992).  Bank deposits are prima facie evidence of                  
          income.  See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).               
          Where the taxpayer has failed to maintain adequate records as to            
          the amount and source of his or her income and the Commissioner             
          has determined that the deposits are income, the taxpayer must              








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