Walter L. Medlin - Page 38

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               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).                                                             




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