Robert M. Johnson and Janna D. Begole, f.k.a. Janna D. Johnson - Page 8




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          T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992).                     
          Particularly where taxpayers fail to keep adequate records, bank            
          deposits constitute prima facie evidence of income.  Tokarski v.            
          Commissioner, 87 T.C. 74, 77 (1986).                                        
               For 1992, petitioners do not contest respondent’s bank                 
          deposits calculation of DUI’s gross income.  For 1993,                      
          petitioners argue that $16,669 of the $18,232 unreported income             
          of DUI as calculated by respondent represents additional                    
          nontaxable interbank transfers for which petitioners should be              
          given credit.  Petitioner testified generally that the standard             
          practice of DUI was to transfer all of the funds received in the            
          form of credit card authorization slips and initially deposited             
          into DUI’s bank account located in Sarasota, Florida, to DUI’s              
          bank account located in Tampa, Florida.  Begole testified only              
          that some of DUI’s funds received and deposited represented                 
          interbank transfers, and petitioner did not call Johnson or                 
          Ligori to testify even though they likely were in the best                  
          positions to know the specifics relating to the interbank                   
          transfers.  Petitioner did not offer sufficient corroborating               
          evidence regarding the alleged additional interbank transfers to            
          the DUI bank account located in Tampa, Florida, and we find                 
          petitioner’s testimony unpersuasive.                                        
               We sustain respondent’s determinations of DUI’s unreported             
          gross income for 1992 and 1993.                                             






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