Yu-Yang Wu - Page 8




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               amount of his taxable income.  Sec. 6001; sec.                         
               1.6001-1(a) and (b), Income Tax Regs.  If such records                 
               are lacking, the Commissioner may reconstruct the                      
               taxpayer's income by any indirect method that is                       
               reasonable under the circumstances.  Cebollero v.                      
               Commissioner, 967 F.2d 986, 989 (4th Cir. 1992), affg.                 
               T.C. Memo. 1990-618; Petzoldt v. Commissioner, 92 T.C.                 
               661, 687 (1989); Schellenbarg v. Commissioner, 31 T.C.                 
               1269, 1277 (1959), affd. in part and revd. and remanded                
               in part on another issue 283 F.2d 871 (6th Cir. 1960).                 
               In order to prove that petitioner received income and did              
          not report it on his income tax returns, respondent called seven            
          witnesses:  Barry Sharrow, Richard Eberli, Dexter Duncan, Dale              
          Rutz, Tim Earle, Gordon Anderson, and Gerald Latter.  Each of               
          these witnesses credibly testified to purchasing computers or               
          computer parts from petitioner and to paying for them either with           
          cash or with checks not made payable to PAC.  Those who paid by             
          check credibly testified that petitioner told them either to                
          leave the payee line blank or to enter petitioner’s name on the             
          payee line.  Respondent established that the payments made by               
          these customers were not reported on petitioner’s or PAC’s income           
          tax returns.                                                                
               Having established the existence of unreported income (and             
          the inaccuracy of petitioner’s books and records), respondent is            
          given substantial latitude in choosing an appropriate method to             
          reconstruct petitioner’s income.  One reconstruction method we              
          have repeatedly accepted is the bank deposits method.  As we                
          recognized in Zuckerman v. Commissioner, T.C. Memo. 1997-21:                







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