Estate of Frank Johnson - Page 121




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          121, 131-132 (1954); Erickson v. Commissioner, 937 F.2d 1548,               
          1552-1553 (10th Cir. 1991), affg. T.C. Memo. 1989-552; Giddio v.            
          Commissioner, 54 T.C. 1530, 1532-1533 (1970).                               
               The source and application of funds method (also sometimes             
          referred to as the expenditures method) is an accepted indirect             
          method of reconstructing income.  See, e.g., Williams v.                    
          Commissioner, 999 F.2d 760, 763 (4th Cir. 1993), affg. T.C. Memo.           
          1992-153.  Under that method, any amount by which the taxpayer's            
          total application of funds during the taxable year exceeds the              
          total funds available to him from known sources for that year is            
          attributed to unreported taxable income absent some showing by              
          the taxpayer of a nontaxable source.  See, e.g., id., Troncelliti           
          v. Commissioner, T.C. Memo. 1971-72 (“As explanation the taxpayer           
          may show that the difference between the total application [of]             
          funds and the total reported sources of funds is attributable to            
          such nontaxable items as loans, gifts, inheritances, or assets on           
          hand at the beginning of the taxable period.”).  Thus, as part of           
          the reconstruction of income using the source and application of            
          funds method, respondent must exclude funds that the taxpayer had           
          accumulated before the first taxable year under examination                 
          insofar as those funds are a source of subsequent expenditures.             
          See Flood v. Commissioner, T.C. Memo. 2001-39.  Frank and                   
          Katherine dealt primarily in cash and provided to respondent no             








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