- 17 - 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 rulesPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011