Joyce H. Sams - Page 14




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          Memo. 1997-275.                                                             
               As discussed above, petitioner did not reasonably cooperate            
          with respondent, and she did not produce all documents within her           
          control (e.g., a bank statement from December 4 through 31,                 
          1996).  Accordingly, the burden of production as well as the                
          burden of proof with respect to this issue remains on petitioner.           
               Petitioner has not provided credible evidence substantiating           
          her position.  For example, petitioner has not produced a bank              
          statement for the period December 4 through 31, 1996.  We                   
          conclude that the $12,589.55 reported on the Form 1099-MISC from            
          O’Brien is includable in petitioner’s gross income in 1996.                 
               b.   Bank Deposit Analysis                                             
               Generally, a taxpayer is required to maintain adequate books           
          and records of income.  Sec. 6001; sec. 1.6001-1(a), Income Tax             
          Regs.  The Commissioner is authorized to reconstruct a taxpayer’s           
          income by using any reasonable method that clearly reflects                 
          income, including an indirect method, when a taxpayer has failed            
          to provide adequate records substantiating income.  Sec. 446(b);            
          Holland v. United States, 348 U.S. 121 (1954); Clayton v.                   
          Commissioner, 102 T.C. 632, 643 (1994).  The Commissioner may use           
          bank deposit records to reconstruct a taxpayer’s income.  Clayton           
          v. Commissioner, supra at 645.  Bank deposits are prima facie               
          evidence of income, and the taxpayer has the burden of showing              
          that the determination is incorrect.  Id.  The Commissioner must            






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