Yu-Yang Wu - Page 17




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          the taxpayer’s bank account.  In Parks v. Commissioner, 94 T.C.             
          654, 658 (1990), we held:                                                   
                    Contrary to petitioner’s belief, the burden is                    
               upon petitioner to prove that respondent's                             
               determination of unreported income, computed using the                 
               cash deposits and expenditures method of reconstructing                
               income, is incorrect. * * * [Citations omitted.]                       
          Again, id. at 660, we held:                                                 
               Where a taxpayer provides respondent with no leads as                  
               to source, respondent is not required to negate every                  
               possible source of nontaxable income, a matter                         
               peculiarly within the knowledge of the taxpayer.                       
               Moreover, where a taxpayer admits receipt of cash,                     
               respondent need not prove a likely source of resulting                 
               cash deposits or expenditures.  [Citations omitted.]                   
          Accord Hardy v. Commissioner, 181 F.3d 1002, 1004-1005 (9th Cir.            
          1999) (“If the Commissioner introduces some evidence that the               
          taxpayer received unreported income, the burden shifts to the               
          taxpayer to show by a preponderance of the evidence that the                
          deficiency was arbitrary or erroneous.”), affg. T.C. Memo.                  
          1997-97; Clayton v. Commissioner, 102 T.C. 632 (1994); Kling v.             
          Commissioner, T.C. Memo. 2001-78 (“Absent some explanation, a               
          taxpayer's bank deposits represent taxable income. * * *  The               
          taxpayer has the burden of proving that the bank deposits came              
          from a nontaxable source”); Beck v. Commissioner, T.C. Memo.                
          2001-270 (“Bank deposits are prima facie evidence of income”);              
          Kudo v. Commissioner, T.C. Memo. 1998-404 (Commissioner not                 
          required to show link between deposits and taxable source of                
          income), affd. 11 Fed. Appx. 864 (9th Cir. 2001).  These rules              






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