Yu-Yang Wu - Page 19




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          hypothetical drug-dealing income where the Commissioner offered             
          no proof either of income or of drug dealing.  However, if the              
          Commissioner either establishes the identity of the specific                
          income or proves the source of unreported income, the taxpayer              
          has the burden of proving the Commissioner’s determination                  
          incorrect.  See, e.g., Hardy v. Commissioner, supra at 1004-1005            
          (showing of unexplained bank deposits sufficient to shift burden            
          to taxpayer); Palmer v. United States, 116 F.3d 1309 (9th Cir.              
          1997) (showing that expenditures exceeded reported income                   
          sufficient to shift burden); Roat v. Commissioner, 847 F.2d 1379            
          (9th Cir. 1988) (presumption of correctness applies where                   
          taxpayer admitted receiving income); Delaney v. Commissioner, 743           
          F.2d 670 (9th Cir. 1984) (presumption of correctness applies                
          against taxpayer who admits owning asset allegedly purchased with           
          unreported income), affg. T.C. Memo. 1982-666; United States v.             
          Stonehill, 702 F.2d 1288 (9th Cir. 1983).                                   
               In the case at hand, respondent has shown through                      
          petitioner’s bank records both the receipt of specific items of             
          unreported income (the bank deposits) and their likely source               
          (receipts from sales and repairs of computer equipment).13  In              

               13As explained supra p. 12, responses to Agent Bricker’s               
          mailing showed that petitioner received additional unreported               
          income of $74,470.52 from cash sales during the years in issue.             
          Respondent did not attempt to use statistical methods to estimate           
          the amount of unreported cash sales that petitioner received from           
          sources who did not respond to Agent Bricker’s mailing.  For a              
                                                             (continued...)           





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