Monty Bisceglia and Patricia Bisceglia - Page 12




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          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 a                     






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