- 10 - numerous bank deposits and cash expenditures from unexplained sources. The bank deposits plus cash expenditures method is a recognized method of recomputing income. See Parks v. Commissioner, supra; Nicholas v. Commissioner, 70 T.C. 1057, 1065 (1978). Petitioners bear the burden of showing that respondent’s determinations based on his application of the bank deposits plus cash expenditures method of reconstructing income are erroneous.2 See Rule 142(a); Parks v. Commissioner, supra at 658; Nicholas v. Commissioner, supra at 1064. Petitioners have alleged, and we have discovered, no infirmity in respondent’s reconstruction of their income using the bank deposits plus cash expenditures method. Petitioners produced no credible evidence of any nontaxable sources for the unexplained funds deposited into their banking accounts or the 2 The Internal Revenue Service Restructuring & Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726, added sec. 7491, which shifts the burden of proof to the Commissioner in certain circumstances. Sec. 7491 is applicable to court proceedings arising in connection with examinations commencing after July 22, 1998. See RRA 1998 sec. 3001(c). Because respondent’s examination of petitioners commenced before July 23, 1998, sec. 7491 is inapplicable here.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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