- 5 - Petitioners purchased the 1995 Ford Bronco for Mr. Ruth in 1995, making a $1,500 cash down payment. Mr. Ruth received a $19,452 settlement payment in 1990. Petitioners used this payment mainly (if not entirely) for their business. In or about January 1990, Mr. Welch deposited $30,000 of his $46,284 settlement into his brokerage account and immediately thereafter started to withdraw and spend those funds. By 1991, an insignificant amount of the $30,000 remained in the account. OPINION 1. Unreported income During respondent’s examination of the subject years, respondent applied the cash expenditures method to determine that the business’ gross receipts should be increased by $33,599, $37,317, and $51,955, respectively. Petitioners bear the burden of proving this determination wrong.3 Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The right of respondent to use the cash expenditures method to recompute income is well settled. United States v. Johnson, 319 U.S. 503, 517 (1943); 3 The notice of deficiency was issued on Apr. 6, 1998. Where, as here, respondent’s examination was commenced before July 23, 1998, sec. 7491(a) does not operate to shift the burden of proof to the Commissioner regarding the deficiencies, nor does sec. 7491(c) place on the Commissioner the burden of production respecting the penalties. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011