- 42 - 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.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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