Michael J. Downing and Sandra M. Downing - Page 45

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          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--                             







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