- 33 - 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.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011