Yu-Yang Wu - Page 18




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          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 of              






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