- 9 - ground that copies of petitioner’s bank records obtained by subpoena from petitioner’s bank, Bank of America NA, show deposits in 1999 of $31,007.15 and $3,084.51, from Icon Trading, Inc., and with respect to petitioner’s golf instruction business, Count Yogi Co., respectively. Respondent did not take those deposits into account in his adjustments to petitioner’s income for 1999. Respondent correctly argues that, nevertheless, bank deposits are prima facie evidence of income. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); see also Factor v. Commissioner, 281 F.2d 100, 116, n.28 (9th Cir. 1960), affg. T.C. Memo. 1958-94. Respondent asks for no increased deficiency for 1999 but only that we sustain the deficiency of $3,299 that he determined. Petitioner made no objection to the Bank of America NA records on the grounds of relevance when they were proffered by respondent, and we interpret that failure as implying petitioner’s consent to try the issue of his unreported income from bank deposits described in those records. See Rule 41(b)(1). We find that, for 1999, petitioner failed to report items of income of $31,007.15 and $3,084.51, as evidenced by respondent’s exhibits showing bank deposits in those amounts. Respondent did not err in determining the deficiencies. II. Additions to Tax A. Introduction Section 6651(a)(1) provides for an addition to tax in the event a taxpayer fails to file a timely return (determined withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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