- 29 - 2. Petitioner’s Adjustments to Unreported Income Determined by Bank Deposits In attacking respondent’s income reconstruction, generally, petitioner argues that he is entitled to adjustments for unclaimed deductions of expenses and unreimbursed loans/advances with respect to his various business activities.33 He contends that these unclaimed adjustments substantially offset the income that respondent reconstructed. (a) Petitioner’s Alleged Loans/Advances Petitioner argues that one of the primary adjustments to the amount of reconstructed income is unreimbursed loans/advances that he made to Alviso and GMT.34 Petitioner alleges that when he deposited insurance refund checks payable to Alviso and GMT into his personal bank accounts, he transferred portions of those refunds back to those corporations. While this is true, as far as it goes, petitioner 33“[I]t is well settled– ‘that evidence of unexplained receipts shifts to the taxpayer the burden of coming forward with evidence as to the amount of offsetting expenses, if any.’” Franklin v. Commissioner, T.C. Memo. 1993-184 (quoting Siravo v. United States, 377 F.2d 469, 473 (1st Cir. 1967)). 34However, it appears he was reimbursed for many of these alleged loans. For example, compare petitioner’s check No. 1086 from Bank of Milpitas, account No. 512-001-200593, dated Dec. 19, 1989, for $999 made payable to “DMV” and GMT’s check No. 3895 dated Dec. 27, 1989, for $1,000 made payable to petitioner which states on the memo line “Reimburse for DMV fees”. Furthermore, petitioner’s bookkeeper testified that petitioner’s businesses customarily repaid such loans. Additionally, petitioner testified that some of the checks he offered were not loans but represented his personal expenses.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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