- 125 - Respondent determined that the deposit of a $59,000 cashier’s check into petitioner’s Tucker bank account on March 12, 1985, was income to petitioner. Bank deposits are prima facie evidence of income. United States v. Price, 335 F.2d at 677; DiLeo v. Commissioner, 96 T.C. at 868. Where respondent bears the burden of proof, he must show a likely taxable source for the deposits. Armes v. Commissioner, 448 F.2d 972, 975 (5th Cir. 1971), affg. in part, revg. in part, and remanding T.C. Memo. 1969-181. Alternatively, where the taxpayer alleges a nontaxable source, the Commissioner may satisfy his burden by disproving the nontaxable source so alleged. United States v. Massei, 355 U.S. 595 (1958); Parks v. Commissioner, 94 T.C. at 661. Respondent claims that the Tucker bank account is an account to which petitioner deposited, generally, taxable income from his business. Also, respondent relies upon petitioner’s “business of buying and selling real estate and real estate development” as the likely source of the $59,000 deposit. The record shows that there were a number of deposits into petitioner’s Tucker bank account from his real estate business and that those deposits represented taxable income. Indeed, the spreadsheets provided to Mr. Kelly, which list deposits to and expenditures from the Tucker bank account, show items such as commissions and interest received in petitioner’s real estate 81(...continued) Basis ($1,844).Page: Previous 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Next
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