- 45 - opinion 578 F.2d 1383 (8th Cir. 1978), including the implausibility of petitioners’ explanations. See Bradford v. Commissioner, 796 F.2d 303, 307 (9th Cir. 1986)(and cases cited therein), affg. T.C. Memo. 1984-601; Boyett v. Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg. a Memorandum Opinion of this Court dated March 14, 1951. A. Underpayment Respondent used the bank deposits method to determine Michael’s income for the years in issue. Supra note 8. It is well settled that bank deposits are evidence of income where the deposits were made by the party charged with the income or to an account controlled by the party charged with the income. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). The premise underlying the bank deposits method of income reconstruction is that, absent some explanation, a taxpayer’s bank deposits represent income subject to income tax. DiLeo v. Commissioner, 96 T.C. at 868. The use of the bank deposits method of income reconstruction has long been sanctioned by the courts. In using this method, respondent must take into account any nontaxable deposits or deductible expenses of which respondent has knowledge. Id. We have held that, where respondent has the burden of proof in a bank deposits case, e.g., where respondent has determined that a taxpayer has committed tax fraud, then--Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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