Jerry J. and Susan N. LeBouef - Page 12




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               As concerns the nature of annual reports in general, such              
          reports are derived from the representations of management.  And,           
          while financial statements are often verified through audit, to a           
          lesser or greater extent, we have no information as to what, if             
          any, steps were taken to check the proprietorship’s claimed                 
          inactivity in 1992 or even as to what exactly was meant by use of           
          the term “inactive” within the context of the annual report.                
               We next turn to the implications of respondent’s bank                  
          deposits analysis.  In the course of her examination of                     
          petitioners’ 1993 return, Ms. Nierich performed a bank deposits             
          analysis in an attempt to verify petitioners’ gross receipts and            
          income.  Bank deposits are considered prima facie evidence of               
          income, and a bank deposits analysis typically encompasses the              
          following:  (1) A totaling of bank deposits; (2) the elimination            
          from such total of any amounts derived from duplicative transfers           
          or nontaxable sources of which the Commissioner has knowledge;              
          and (3) the further reduction of the adjusted total by any                  
          deductible or offsetting expenditures of which the Commissioner             
          is aware.  Clayton v. Commissioner, 102 T.C. 632, 645-646 (1994);           
          DiLeo v. Commissioner, 96 T.C. 858, 868 (1991), affd. 959 F.2d 16           
          (2d Cir. 1992).  The burden rests on the taxpayer to prove                  
          additional nontaxable sources for deposits and to substantiate              
          greater allowable expenditures.  Rule 142(a); Clayton v.                    
          Commissioner, supra at 645.                                                 






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