Charles Shaw - Page 22

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          Cir. 1955); Estate of Beck v. Commissioner, 56 T.C. 297, 363                
          (1971); Otsuki v. Commissioner, 53 T.C. 96, 106 (1969).                     
               2.   Underpayment                                                      
               Respondent contends that petitioner had an underpayment in             
          each of the years in issue.  Respondent contends that respondent            
          has shown that the amounts deposited in petitioner’s bank                   
          accounts (less nontaxable deposits) are greater than the amount             
          of petitioner’s costs of goods sold for each year in issue.                 
          Petitioner stipulated to the amounts deposited in his bank                  
          accounts in each year in issue.  However, for reasons described             
          below, respondent had not shown by clear and convincing evidence            
          that petitioner had an underpayment for each year in issue.                 
               If a taxpayer alleges that he or she had a nontaxable source           
          of income, respondent may satisfy the burden of proving that the            
          taxpayer had an underpayment by disproving that nontaxable                  
          source.  United States v. Massei, 355 U.S. 595 (1958).  As                  
          discussed at paragraph B-1, above, petitioner contends that                 
          $132,000 of Ms. Shaw’s gross receipts in 1993 was deposited in              
          his bank accounts in 1993.  Respondent contends that no more than           
          $38,834 of gross receipts from Ms. Shaw’s business was deposited            
          in petitioner’s bank accounts in 1993.  However, respondent has             
          not proved that no more than $38,834 of receipts from Ms. Shaw’s            
          business was deposited in petitioner’s bank accounts in 1993.               








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