- 11 - revg. in part T.C. Memo. 1964-302; Halle v. Commissioner, 175 F.2d 500, 503 (2d Cir. 1949), affg. 7 T.C. 245 (1946). Thus, petitioners, not respondent, bear the burden of proving that respondent's determination of underreported income, computed using the bank deposits method of reconstructing income, is incorrect. Parks v. Commissioner, 94 T.C. 654, 658 (1990); Nicholas v. Commissioner, 70 T.C. 1057, 1064 (1978). Petitioner gave respondent incomplete information regarding his return preparation income and failed to deposit all the fees he received. Petitioner also failed to call Mr. Sundstrom, a witness he claimed could corroborate that certain deposits were loan proceeds. Given the importance of Mr. Sundstrom in substantiating this purported loan, the Court assumes from his absence that his testimony would not have corroborated petitioner's testimony. Frierdich v. Commissioner, 925 F.2d 180, 185 (7th Cir. 1991), affg. T.C. Memo. 1989-393; see also Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946) (holding that if a party having the burden of proof fails to call a witness who is available to testify, and that witness could corroborate the taxpayer's testimony, the taxpayer's failure to do so creates a presumption that the witness's testimony would have been unfavorable), affd. 162 F.2d 513 (10th Cir. 1947).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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