Hien X. Pham - Page 9




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          use of the bank deposits method to reconstruct his income for               
          1996 and 1997.                                                              
               Petitioner contends that he had the following nontaxable               
          sources of income:  Loans from his friends, brothers, or sister             
          of $1,600 on March 5, 1996, $4,500 on April 24, 1997, $3,800 on             
          June 18, 1997, $3,000 on June 20, 1997, and $3,000 on July 1,               
          1997.5  We disagree.                                                        
               Petitioner has no promissory notes or records showing that             
          these amounts were loans or that he repaid them.  He did not                
          identify specific individuals who lent him these amounts.                   
          Petitioner’s testimony that these deposits were loans was vague             
          and uncorroborated.  We are not convinced that the source of any            
          of the bank deposits respondent counted as unreported income for            
          petitioner in 1996 and 1997 was a nontaxable loan.  We conclude             
          that petitioner had unreported income of $64,108.94 in 1996 and             
          $21,942.75 in 1997.                                                         
          C.   Whether Petitioner May Deduct More Business Expenses Than              
               Respondent Allowed for 1996 and 1997                                   
               Petitioner deducted more miscellaneous expenses related to             
          his Schedule C business than respondent allowed for 1996 and                

               5  Petitioner’s contention on brief differs slightly from              
          his contention at trial.  On brief, he contended that deposits in           
          his bank accounts “that are large and end in ‘000', such as                 
          $1,000.00, $3,000.00, and $5,000.00, are loan funds I received              
          from my family and friends.”  At trial, he contended that bank              
          deposits of $1,000 or more were funds which were lent to him by             
          friends and family and then identified the five specific deposits           
          (shown above) as loans.  He did not show that any of the deposits           
          respondent used to determine unreported income were loans.                  




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