Marie Key and David Glen Key - Page 12




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          increase this amount.  Items attributable to nontaxable sources             
          decrease this amount.  If the resulting figure for the year is              
          greater than the taxable income reported, then the excess                   
          represents unreported taxable income.  See id. at 125.  The                 
          Commissioner must establish the opening net worth with reasonable           
          certainty and show a likely source of unreported income or negate           
          nontaxable sources.  See id. at 132-138; Brooks v. Commissioner,            
          82 T.C. 413, 431-432 (1984), affd. without published opinion 772            
          F.2d 910 (9th Cir. 1985).                                                   
               As of January 1, 1995, petitioners had a zero balance in               
          their bank accounts.  Petitioners testified that they did not               
          file income tax returns for 1993 and 1994 because they made less            
          than the amount required to “trigger” the filing requirement.               
          Mr. Key testified that in 1993 petitioners filed for bankruptcy.            
          Mr. Key further testified petitioners had absolutely nothing when           
          they started The Ultimate Comeback.  Based on the evidence, we              
          conclude that respondent correctly began the net worth analysis             
          with a zero net worth for petitioners as of January 1, 1995.                
               Respondent then multiplied petitioners’ monthly personal               
          expenditures for 1995 ($2,586.87) by 12.  This totals $31,042.44.           
          Next, respondent multiplied petitioners’ monthly rental expense             
          times 12.  Respondent adopted $1,190 as the amount of rent.  We             
          found that petitioners paid $1,700 for the first 6 months of 1995           
          and $1,190 for the last 6 months of 1995.  Petitioners’ rental              






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