- 50 - 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.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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