- 5 - company as a result of an automobile accident, and approximately $14,500 she received from her mother. Thus, petitioner argues, these cash sources account for the moneys respondent contends were contributions of the participants in the gifting club. The bank records, exemplified in respondent’s bank deposits analysis, do not support petitioner’s argument. With respect to the moneys that petitioner claims she received, those moneys are credited in respondent’s analysis as nontaxable receipts. Respondent’s analysis further shows numerous deposits throughout the year from individuals in amounts of $500, $1,000, $1,500, and $2,000, thus lending credence that these deposits were intended for the gifting club. In Clayton v. Commissioner, 102 T.C. 632, 645-646 (1994), this Court held: The use of the bank deposits method for computing unreported income has long been sanctioned by the courts. DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). When a taxpayer keeps no books or records and has large bank deposits, the Commissioner is not arbitrary or capricious in resorting to the bank deposits method of computing income. Id. Bank deposits are prima facie evidence of income, Tokarski v. Commissioner, 87 T.C. 74, 77 (1986), and the taxpayer has the burden of showing that the determination is incorrect, Estate of Mason v. Commissioner, 64 T.C. 651, 657 (1975), affd. 566 F.2d 2 (6th Cir. 1977). In such case the Commissioner is not required to show a likely source of income, id., although here she has done so. The bank deposits method assumes that all money deposited in a taxpayer’s bank account during a given period constitutes taxable income, but the Government must take into accountPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011