- 9 - Use of the bank deposits method for reconstructing income is well established. DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Estate of Mason v. Commissioner, 64 T.C. 651, 656 (1975), affd. 566 F.2d 2 (6th Cir. 1977). Under the bank deposits method there is a rebuttable presumption that all funds deposited to a taxpayer's bank account constitute taxable income. Price v. United States, 335 F.2d 671, 677 (5th Cir. 1964); Hague Estate v. Commissioner, 132 F.2d 775, 777-778 (2d Cir. 1943), affg. 45 B.T.A. 104 (1941); DiLeo v. Commissioner, supra at 868. The Commissioner must take into account any nontaxable sources of deposits of which she is aware in determining the portion of the deposits that represent taxable income, but she is not required to trace deposits to their source. Petzoldt v. Commissioner, supra 695-696; Estate of Mason v. Commissioner, supra at 657. In the case at hand, respondent used the bank deposits method to reconstruct petitioner’s income, doing so in very conservative fashion. In connection with the criminal case against petitioner, Special Agent Bricker had obtained copies of petitioner’s bank records. Agent Bricker sent letters to each of the drawers on the checks deposited to petitioner’s bank account requesting information regarding (1) the nature of the payment, and (2) whether the drawers had any records of their dealings with petitioner. Agent Bricker sent out 685 letters to the drawers of more than $900,000 in identifiable checks deposited to petitioner’s bank account in 1988, 1989, and 1990. Agent Bricker received 322 responses to his letters (a response rate of approximately 47 percent), 266 of which (approximately 82 percent of the responses) identified their checks as payments made for the purchase of computers or computer-related devices.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011