- 18 - recognize that the taxpayer is responsible for maintaining adequate books and records to explain the sources of his bank deposits. If the taxpayer offers a possible nontaxable source for the deposits, the Commissioner must either negate the potential nontaxable source or connect the deposits with a likely source of taxable income. Kramer v. Commissioner, 389 F. 2d 236, 239 (7th Cir. 1968) (Commissioner not required to provide likely source if he proves that deposit was not from “cash hoard”), affg. T.C. Memo. 1966-234; Price v. Commissioner, T.C. Memo. 2001-307 (“If the taxpayer suggests a nontaxable source, the Commissioner must either connect the bank deposits to a likely source of taxable income or negate the nontaxable source alleged by the taxpayer.”); Estate of Johnson v. Commissioner, T.C. Memo. 2001-182. In cases such as the case at hand, governed by precedent from the Court of Appeals for the Ninth Circuit, if the Commissioner fails to prove that the taxpayer actually received income (such as, in the case at hand, by showing unexplained bank deposits), the Commissioner has the burden of proving a likely source of the allegedly unreported and reconstructed income. In Weimerskirch v. Commissioner, 596 F.2d 358 (9th Cir. 1979), revg. 67 T.C. 672 (1977), the Court of Appeals ruled that no presumption of correctness would attach to a reconstruction ofPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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