- 4 - that he had her account numbers. He further testified that his mother would sell her stocks and bonds and that “she would always go to the bank and draw it out in cash.” There was no mention of the alleged amounts paid to petitioner’s mortgage company by cashier’s checks drawn on his mother’s accounts. Discussion Unreported Income A taxpayer is required to maintain records sufficient to establish the amount of his or her income and deductions. Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. If the taxpayer does not, the Commissioner is authorized by section 446 to reconstruct the taxpayer’s income. Petzoldt v. Commissioner, 92 T.C. 661, 693 (1989). The source and application of funds method (also referred to as the cash expenditures method) is an accepted method to reconstruct income. United States v. Johnson, 319 U.S. 503, 517-518 (1943). The cash expenditures method is based on the assumption that the amount by which a taxpayer’s expenditures during a taxable period exceed his reported income has taxable origins, absent some explanation by the taxpayer. Burgo v. Commissioner, 69 T.C. 729, 742 (1978). To prevail, petitioner must establish that either someone else made the expenditures or that the funds used for the expenditures were obtained from nontaxable sources, such as loans, gifts, inheritances, or assets available at thePage: Previous 1 2 3 4 5 6 7 8 Next
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