Ragnhild A. Westby - Page 23

                                       - 23 -                                         
               Because petitioner proved that respondent’s reliance on the            
          1987 and 1989 financial statements under the circumstances                  
          involved in this case was unreasonable and resulted in                      
          substantially distorted income adjustments, we conclude that the            
          adjustments to petitioner’s Schedule C income as determined by              
          respondent in the notices of deficiency were arbitrary and                  
          excessive.  Therefore, the burden of producing credible evidence            
          showing that respondent’s revised adjustments to petitioner’s               
          Schedule C income in each of the years 1987 and 1989 were                   
          warranted shifted to respondent.  Helvering v. Taylor, supra at             
          514-515; Commissioner v. Riss, 374 F.2d 161, 166 (8th Cir. 1967),           
          affg. in part, revg. in part and remanding T.C. Memo. 1964-190.             
               Respondent contends that, even if the burden of production             
          shifted to respondent regarding the income adjustments in the               
          notice of deficiency, his revised income adjustments for each of            
          the years 1987 and 1989 are supported by the bank deposits                  
          analyses respondent introduced into evidence.  According to                 
          respondent, those analyses prove that petitioner deposited into             
          her bank accounts substantially more money during 1987 and 1989             
          than she reported as gross receipts on her Schedules C for those            
          years.                                                                      
               The bank deposits method has long been recognized as an                
          acceptable indirect method of proving a taxpayer’s understatement           
          of income.  See Gleckman v. United States, 80 F.2d 394 (8th Cir.            






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011