James G. LeBloch and Cathy Michelsen LeBloch - Page 23




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          and the Commissioner has determined that the deposits are income,           
          the burden is on the taxpayer to show that the Commissioner’s               
          determination is incorrect.                                                 
               Petitioners argue that respondent’s use of the bank deposits           
          analyses was unjustified because, they state, they kept adequate            
          records establishing their income.  We disagree.  While                     
          petitioners may have used a computer program to memorialize their           
          income and expenses, we are unable to find from credible evidence           
          in the record that petitioners ever gave to respondent, before              
          issuance of the notices of deficiency, adequate records to                  
          support their reported income for any subject year.  On the basis           
          of the record at hand, we hold that respondent’s use of the bank            
          deposits analyses was proper.                                               
               Petitioners argue alternatively that respondent misapplied             
          the bank deposits analyses in that, they argue, respondent failed           
          to recognize that most of the disputed deposits arose from                  
          nontaxable sources.  Petitioners argue that respondent’s bank               
          deposits analyses should be adjusted as follows:                            
                                         1997                                         
          Petitioners’                                                                
          As       Additional         As                                              
          Determined   Adjustments      Adjusted                                      
               Total deposits (including interest)   $1,087,054        -0-      $1,087,054.00
               Less adjustments:                                                      
               Interaccount transfers                 293,008    $15,599.29      308,607.29
               Loan receipts                           22,600        -0-          22,600.00
               Loan repayments                          -0-       35,000.00       35,000.00
               VISA advances                           21,750      2,500.00       24,250.00
               Sales tax remittances                   32,255      3,800.00       36,055.00
              Returned deposits                        1,387        -0-           1,387.00
               Expense report reimbursement             -0-        6,414.04        6,414.04
               Total                                371,000     63,313.33      434,313.33






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