- 19 - 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008