-6- applied towards petitioners’ daughter’s college tuition for the fall semester. OPINION Respondent argues that his use of the bank deposits method is a “prima facie case” that requires that petitioners prove that the six deposits are not unreported income. Respondent asserts that the revenue agent who conducted the audit “determined based on his experience that petitioners’ income in 1995 was diverted to an offshore bank account and that the funds were moved to the McDermott’s [sic] parents’ account in Canada and then came back as alleged gifts.” Respondent asserts that the funds given to petitioners by Ms. McDermott’s mother also were determined to be unreported income because of the involvement of Mr. McDermott’s father with offshore accounts. Petitioners argue that each of the six deposits has a nontaxable source. Petitioners assert that the $3,165 deposit was a payment to Mr. McDermott from Omega (consisting of $165 for a petty cash expense, $1,000 as partial reimbursement for out-of-pocket expenses, and $2,000 as an advance contract payment that Mr. McDermott included in the $12,000 that he recognized as income for 1995). They assert that the first $3,000 deposit was wired to them from Ms. McDermott’s mother as a Christmas gift. They assert that the other two $3,000 deposits were given to them by Mr. McDermott’s father to pay for his extended stay at theirPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011