- 4 - the $2,000. He participated a few times and did receive some moneys but was not sure whether he realized any net gains. After two or three times, he no longer participated in the activity. In the notice of deficiency, respondent determined that petitioner’s conduct of this activity resulted in petitioner’s earning $72,434 during the year 2000. Since no books and records were maintained by petitioner as to this activity, respondent made the determination under a bank deposit analysis of petitioner’s bank account. Taxpayers are required under section 6001 to keep such records as may be required to sufficiently establish gross income. Anson v. Commissioner, 328 F.2d 703, 705 (10th Cir. 1964), affg. Bassett v. Commissioner, T.C. Memo. 1963-10. If a taxpayer either fails to keep the required records, or if the records do not clearly reflect income, respondent is authorized under section 446(b) to reconstruct income by a method which clearly reflects income. Id.; Sutherland v. Commissioner, 32 T.C. 862 (1959). The bank deposits method is an acceptable method of reconstructing income and may be used to establish the correct amount of income. See Michalowski v. Commissioner, T.C. Memo. 1976-192 (and cases cited therein). Petitioner contends that the unexplained deposits of $72,434 are accounted for by $60,000 she borrowed from an insurance company during 2000, approximately $20,000 from another insurancePage: Previous 1 2 3 4 5 6 7 8 9 Next
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