Jimie R. and Sandra Herlitschek Overby - Page 5

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          petitioner explained that the unexplained bank deposits were due            
          to gifts made in 1995 by his mother-in-law in the total amount of           
          $20,000.                                                                    
               Not satisfied with petitioner’s explanation, respondent                
          issued petitioners a notice of deficiency dated August 9, 2002,             
          determining a deficiency in Federal income tax of $10,167 and an            
          accuracy-related penalty under section 6662(a) of $1,728.40 for             
          the 1995 taxable year.  Respondent contends that petitioners                
          received unreported income of $22,082.25 for 1995, as suggested             
          by unexplained bank deposits made by them during that year.                 
          Discussion                                                                  
          1.  Unreported Income                                                       
               Gross income includes all income from whatever source                  
          derived.  See sec. 61(a).  Section 6001 requires all taxpayers to           
          maintain adequate books and records of income.  In the absence of           
          adequate records, the Commissioner is authorized to reconstruct a           
          taxpayer’s income by any reasonable method that clearly reflects            
          the taxpayer’s income.  See sec. 446(b); see also Agnellino v.              
          Commissioner, 302 F.2d 797, 798-799 (3d Cir. 1962), affg. in part           
          and vacating in part T.C. Memo. 1961-22.  One of these methods,             
          the bank deposits and cash expenditure method, has long been                
          sanctioned by the courts.  See Bacon v. Commissioner, T.C. Memo.            
          2000-257, affd. without published opinion 275 F.3d 33 (3d Cir.              
          2001).                                                                      






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