- 15 - to the contrary. Helvering v. Taylor, 293 U.S. 507 (1935); Simon v. Commissioner, 248 F.2d 869, 874 (8th Cir. 1957), affg. U.S. Packing Co. v. Commissioner, T.C. Memo. 1955-194. Generally, the taxpayer will bear not only the burden of production, but also the burden of proving by a preponderance of the evidence that the Commissioner’s assessment is “arbitrary and excessive”. Helvering v. Taylor, supra at 515; Boles Trucking, Inc. v. United States, 77 F.3d 236 (8th Cir. 1996); Mattingly v. United States, 924 F.2d 785, 787 (8th Cir. 1991). Under the net worth method, taxable income is computed by reference to the change in the taxpayer’s net worth8 during a year, increased for nondeductible expenses such as living expenses, and decreased for items attributable to nontaxable sources such as gifts and loans. The resulting figure may be considered to represent taxable income, provided: (1) The Commissioner establishes the taxpayer’s opening net worth with reasonable certainty, and (2) the Commissioner either shows a likely source of unreported income or negates possible nontaxable sources. United States v. Massei, 355 U.S. 595, 595-596 (1958); Holland v. United States, supra at 132-138; Brooks v. Commissioner, 82 T.C. 413, 431-432 (1984), affd. without published opinion 772 F.2d 910 (9th Cir. 1985). 8Assets are generally listed at their cost rather than at their current market value. Camien v. Commissioner, 420 F.2d 283, 284-285 (8th Cir. 1970), affg. T.C. Memo. 1968-12.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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