- 12 - As to the $19,640 of unexplained bank deposits raised by the answer, respondent bears the burden of proof. Rule 142(a). Section 61 provides that gross income means all income from whatever source derived. Section 6001 imposes a duty on all persons liable for any tax to maintain records. It is well established that where a taxpayer fails to maintain adequate records, the Commissioner may prove the existence and amount of unreported income by any method that will clearly reflect the taxpayer's income. Sec. 446(b); Harper v. Commissioner, 54 T.C. 1121, 1129 (1970); Sindik v. Commissioner, T.C. Memo. 1996-47. In this case petitioners' return did not clearly reflect the activity in their bank accounts. Respondent used a bank deposit analysis to determine the amount of income. Under the bank deposit analysis, the total of all the deposits is treated as petitioners' income. Sindik v. Commissioner, supra. Adjustments are then made to eliminate deposits that reflect nonincome items such as gifts, loans, transfers between bank accounts, and redeposits. Id. Respondent determined that $65,090.01 was deposited in petitioner's three bank accounts. Respondent alleged that petitioners accounted for $45,450 of the income on their return. The $45,450 consists of Mrs. Krist's wages, the locksmith income, the rental income, and the limousine income. Thus, respondent contends, a rounded amount of $19,640 remains to be accounted for.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011