Frank H. and Marla C. Black - Page 19




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          change in the taxpayer’s net worth3 during a year, increased for            
          nondeductible expenses such as living expenses, and decreased for           
          items attributable to nontaxable sources such as gifts and loans.           
          The resulting figure may be considered to represent taxable                 
          income, provided:  (1) The Commissioner establishes the                     
          taxpayer’s opening net worth with reasonable certainty, and                 
          (2) the Commissioner either shows a likely source of unreported             
          income or negates possible nontaxable sources.  United States v.            
          Massei, 355 U.S. 595, 595-596 (1958); Holland v. United States,             
          348 U.S. 121, 132-138 (1954); Brooks v. Commissioner, 82 T.C.               
          413, 431-432 (1984), affd. without published opinion 772 F.2d 910           
          (9th Cir. 1985).  Deductions are a matter of legislative grace,             
          and petitioners must prove they are entitled to the deductions.             
          Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440           
          (1934).                                                                     
               Respondent has established petitioners’ opening net worth              
          with reasonable accuracy.  Petitioners, however, argue that Mr.             
          Black maintained a cash hoard and that respondent’s determination           
          of petitioners’ opening net worth does not take into                        
          consideration petitioners’ cash hoard.  According to Mr. Black,             
          as of December 31, 1990, petitioners had accumulated a cash hoard           
          of between $500,000 and $505,000, consisting of bundles of $100             

               3Assets are generally listed at their cost rather than at              
          their current market value.  Camien v. Commissioner, 420 F.2d               
          283, 285 (8th Cir. 1970), affg. T.C. Memo. 1968-12.                         





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