Harlan D. Edwards and Floors by Harlan, Jody Edwards, Trustee - Page 19

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               In the absence of taxpayer records sufficient to establish             
          the amount of income, the Commissioner may reconstruct income               
          under any reasonable method.  Meneguzzo v. Commissioner, 43 T.C.            
          824, 831 (1965).  A bank deposits analysis is an acceptable                 
          method of reconstruction.  Harper v. Commissioner, 54 T.C. 1121             
          (1970).  On this record, on the basis of a preponderance of the             
          evidence, we conclude respondent’s treatment of the deposits into           
          the Floors Trust checking account as equal to the cash gross                
          receipts of the trust’s business activities is accurate and                 
          accordingly find that Floors Trust had cash gross receipts of               
          $93,831 in 1998.                                                            
               As the cash gross receipts ($93,831) and bartering income              
          ($16,734) together exceed Floors Trusts’s reported gross receipts           
          of $103,657 by $6,908, we sustain respondent’s determination that           


               11(...continued)                                                       
          $93,831 (rounded from $93,831.15).  However, this $5,985.18                 
          discrepancy is readily explained.  First, petitioners excluded a            
          $1,000 deposit made on July 7, 1998, on the basis of their claim            
          (rejected above) that this amount was a loan to the business from           
          Jody.  Second, with respect to the bank statement covering Dec.             
          5, 1997, through Jan. 7, 1998, petitioners erroneously took the             
          sum of the running balances posted in 1998 ($3,613.82) rather               
          that the deposits posted in 1998 ($1,174), which had the effect             
          of overstating deposits in that period by $2,439.82.  Finally,              
          petitioners erroneously omitted the deposits posted in the                  
          statement covering Feb. 6 through Mar. 5, 1998, resulting in an             
          understatement of deposits of $7,425.  When petitioners’                    
          erroneous understatements and overstatements of deposits are                
          netted, the result is an understatement of deposits of $4,985.18            
          which, when added to the $1,000 deposit excluded as a loan,                 
          equals the $5,985.18 discrepancy in the parties’ respective                 
          claims regarding the amount of deposits in 1998.                            




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