- 4 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011