George Maciel - Page 42

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          alleged nontaxable source.  DiLeo v. Commissioner, supra at 873-            
          874.  In this case, there is no question of the origin of the               
          unreported income.  The parties have also agreed that some                  
          deposits were from nontaxable sources.  Petitioner admits on                
          brief that he willfully omitted $78,454 and $75,587 of income               
          from his 1991 and 1992 returns.  In his written guilty plea in              
          his criminal case, petitioner admitted that he willfully omitted            
          reportable income of $78,454 and $75,587 and that there was                 
          additional tax due on this omitted income of $19,299 and $10,377            
          for 1991 and 1992, respectively.  And, as previously explained,             
          there is clear and convincing evidence that he failed to report             
          additional amounts of income for each of the years at issue.                
               During the 3-year period at issue, more than $1.8 million              
          flowed through his bank accounts.  Petitioner does not dispute              
          this, but instead argues that much of this money is nontaxable              
          reimbursements for moneys advanced to and/or expenses incurred              
          for the benefit of his various business activities.  When bank              
          deposits make out a prima facie case of underreported income, the           
          taxpayer has the burden of proving additional expenses that he              
          did not claim on his returns.  Morse v. Commissioner, T.C. Memo.            
          2003-332 (citing Siravo v. United States, 377 F.2d 469, 473-474             
          (1st Cir. 1967); Elwert v. United States, supra at 933).  As                
          previously explained, petitioner has failed to do so.                       








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