- 12 - sources of income that are reasonably susceptible of being checked. We have held, however, that the Commissioner is not required to investigate leads where the taxpayer bears the burden of proof. See Tunnell v. Commissioner, 74 T.C. 44, 57-58 (1980), affd. 663 F.2d 527 (5th Cir. 1981). As previously discussed, petitioners bear the burden of proving that the amounts of deficiencies determined by respondent were incorrect. Even if we were to assume that the lead-check rule were applicable here in determining the validity of respondent’s use of the net worth method for purposes of determining petitioners’ deficiencies, the existence of likely sources of taxable income-- namely, petitioners’ automotive and construction-related businesses–-would temper the need for respondent to pursue leads as to other potential nontaxable sources of income. See King v. Commissioner, T.C. Memo. 1978-351. In any event, as described below, the quality of the “leads” that petitioners allegedly offered respondent is insufficient to convince us that respondent’s use of the net worth method was arbitrary or invalid, or that respondent erroneously determined that petitioners’ unreported income was from taxable sources. 1. The 1994 and 1995 Records “Lead” On brief, petitioners contend that respondent improperly failed to investigate the “lead” represented by their 1994 and 1995 business records. This contention is in essence aPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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