Estate of Frank Johnson - Page 122




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          books and records relating to Katherine’s palmistry business.19             
          Under the circumstances, respondent’s use of the source and                 
          application of funds method to reconstruct Frank and Katherine’s            
          income for the years in issue was reasonable.                               
               Where the allegation of fraud is intertwined with unreported           
          and indirectly reconstructed income, respondent can satisfy the             
          burden of proving an underpayment of tax in one of two ways.  See           
          Parks v. Commissioner, 94 T.C. 654, 661 (1990).  First,                     
          respondent may prove a likely source of the unreported income;              
          second, where the taxpayer alleges a nontaxable source for the              
          funds, respondent may prove that the nontaxable source did not              
          exist.  See id.                                                             
                    (1)  Likely Sources of Income                                     
               Respondent contends that Katherine’s palmistry business was            
          a likely source for the unreported income.  Respondent also                 
          contends that unreported gambling winnings were another likely              
          source.  Additionally, respondent contends that Frank may have              
          unreported income from work as a real estate broker as he alleged           
          in certain loan applications.20                                             


               19  Although there is testimonial evidence that Katherine              
          made some recordations of income on tablets that she kept for               
          that purpose, there is no evidence that those tablets were                  
          submitted to respondent, nor were they introduced at trial.                 
               20  We made no findings of fact relating to the loan                   
          applications because we find that the statements contained                  
          therein lack trustworthiness.                                               





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