Rogelio R. Balot and Zenaida V. Balot - Page 33




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               Commissioner, 70 T.C. [1057,] * * * 1066 [(1978)].                     
               Alternatively, where the taxpayer alleges a nontaxable                 
               source, respondent may satisfy * * * [the] burden by                   
               disproving the nontaxable source so alleged.  United States            
               v. Massei, 355 U.S. 595 (1958); Parks v. Commissioner, supra           
               at 661.  * * * [DiLeo v. Commissioner, 96 T.C. at 873.]                
                                                                                     
               Table 2, supra, summarizes respondent’s revenue agent’s                
          conclusions in analyzing petitioners’ bank deposits.  On its                
          face, respondent’s calculations seem reasonable.  But see our               
          notes to table 2.  Petitioners contend that the bank deposits               
          method “is not appropriate for use in the Petitioners’ case”, and           
          also “that the alleged excess bank deposits are from sources                
          representing traditional inter-family [intra-family?] and friend            
          transfers.”                                                                 
               Petitioners assert as follows:                                         
               According to a review of the various court cases involving             
               the bank deposit method, it is clear that the bank deposit             
               method is most prevalently used to determine “unreported               
               income” of professionals, shopkeepers, and others whose                
               income arise largely from receipts of a business.                      
          Petitioners stress that they “were never self-employed during tax           
          years 1991, 1992 and 1993;” and that they “did not operate a                
          business during tax years 1991-1993, nor were they ever in the              
          business of being ‘gamblers.’”                                              
               Firstly, we are not aware of any doctrine that the                     
          Commissioner may appropriately use the bank deposits method to              
          reconstruct income only where the taxpayer is operating a                   
          business, nor do petitioners suggest any reason why there should            
          be such a doctrine.                                                         





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