- 49 - 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 noPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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