Zinovy Brodsky - Page 137




                                       - 78 -                                         
          unreported Schedule C gross receipts for each of the years at               
          issue by reconstructing such gross receipts for each of those               
          years pursuant to the bank deposits method.  In reconstructing              
          petitioner’s income for each of the years at issue, respondent              
          added to the results produced by respondent’s bank deposit                  
          analysis certain additional amounts, such as the amounts that               
          petitioner received when he cashed, and did not deposit, in whole           
          or in part certain checks or when he used certain checks to                 
          purchase certain cashier’s checks.                                          
               We address first what we understand to be petitioner’s                 
          contention that respondent’s bank deposits analysis for each of             
          the years at issue is inherently flawed.  In support of that                
          contention, petitioner points out that respondent has conceded as           
          nontaxable certain deposits into petitioner’s accounts during               
          each of those years, including certain payments against the                 
          balances due on petitioner’s credit accounts during each such               
          year, which respondent had determined in the notices to be                  
          taxable.                                                                    
               On the record before us, we find respondent’s bank deposits            
          analysis for each of the years at issue to be reasonable.                   
          Although respondent was required in performing respondent’s bank            
          deposits analysis for each of those years to take into account              
          any nontaxable source or deductible expense of which respondent             
          had knowledge, Clayton v. Commissioner, 102 T.C. at 645-646;                
          DiLeo v. Commissioner, 96 T.C. at 868, petitioner was generally             
          uncooperative during the course of the examination of the joint             






Page:  Previous  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  Next

Last modified: May 25, 2011