Timothy Dean Strong - Page 21

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               B.   Unidentified Deposits                                             
               The question whether the unidentified deposits to the First            
          Bank account are income to SCC merits further discussion.  The              
          record reflects deposits were made to account No. 893315300 in              
          addition to the amounts traced to specific home sales.                      
          Respondent conceded that two of these deposits were loans from              
          Mr. Strong’s parents but asserts that the rest of these deposits            
          were income to SCC and Mr. Strong.                                          
               Many of the deposits in dispute were of currency or were               
          completely unidentified.  Other deposits were by check                      
          purportedly from various individuals or entities.  Respondent               
          asserts that Mr. Strong used nominee names to hide his own                  
          identity on some of the deposited cashier’s checks, such as the             
          three checks from Mr. Jeanotte in 1990 and two checks from his              
          brother, Sean Strong, in 1994.                                              
               Because of Mr. Strong’s inadequate records, respondent                 
          reasons under the bank deposits method of proof that these                  
          deposits are construction receipts absent evidence of any                   
          nontaxable source of the deposits.  Respondent cites DiLeo v.               
          Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir.           
          1992); Clayton v. Commissioner, 102 T.C. 632 (1994); Tokarski v.            
          Commissioner, 87 T.C. 74 (1986); and Nicholas v. Commissioner, 70           
          T.C. 1057 (1978).  We agree with respondent that unless                     
          petitioners have shown that the funds came from nontaxable                  






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