- 31 -
evidence that the parties made a mutual mistake. Thus, we will
enforce the stipulation, and we conclude that the value of a 25-
percent interest in the Kansas farm was $10,000, and that the
fair market value of a 22.375-percent interest in the Kansas farm
(after applying a 35-percent discount) was $1,454.38.
e. Conclusion
We conclude that the total fair market value of petitioner’s
22.375-percent interest in the Riverside property and the Kansas
farm was $59,629.38, and that the value of petitioner’s interest
in the cash and the Anis partnership property was $107,072.89.
B. Whether Petitioners Had Unreported Income in 1998 and 1999
Respondent’s determination that petitioners had unreported
income is presumed to be correct, and petitioners bear the burden
of proving that it is incorrect.6 Rule 142(a); Welch v.
Helvering, 290 U.S. 111, 115 (1933). Thus, petitioners have the
burden of proving that the Commissioner's use of the bank
deposits method is inaccurate, for example, by showing that the
deposits made into their personal bank accounts are not taxable.
Marcello v. Commissioner, 380 F.2d 509, 511 (5th Cir. 1967),
affg. T.C. Memo. 1964-303; Price v. United States, 335 F.2d 671,
6 The burden of proof for a factual issue relating to
liability for tax may shift to the Commissioner under certain
circumstances. Sec. 7491(a). Taxpayers bear the burden of
proving that they have met the requirements of sec. 7491(a). H.
Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747, 993; S.
Rept. 105-174, at 45 (1998), 1998-3 C.B. 537, 581. Petitioners
do not contend that sec. 7491(a) applies in this case.
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