Raymond E. Vogt, Jr. - Page 10



                                        -10-                                          
          also had unreported income of $19,233.11  The bank deposits                 
          analysis was properly conducted, and represents prima facie                 
          evidence of income.  See Tokarski v. Commissioner, 87 T.C. 74, 77           
          (1986) (citing Estate of Mason v. Commissioner, 64 T.C. 651, 656-           
          657 (1975) affd. 566 F.2d 2 (6th Cir. 1977)).  Respondent                   
          provided petitioner with ample opportunity to present evidence              
          disputing this income.  Petitioner presented no evidence, nor did           
          he make any credible statements, disputing his receipt of this              
          income.  Furthermore, petitioner testified that he received no              
          loans, bequests, inheritances, gifts, or other nontaxable amounts           
          during 2001.  We therefore hold that petitioner received                    
          unreported income in the above amounts.                                     
               2002                                                                   
               It was deemed admitted under Rule 37(c) that petitioner                
          understated taxable income by $14,142 and underpaid income tax by           
          $5,307 for 2002.12  We therefore hold that petitioner received              
          unreported income in the above amount.                                      
               2003                                                                   
               Petitioner failed to file a Federal income tax return for              


               11The unreported income shown by respondent’s bank deposits            
          analysis was not deemed admitted under Rule 37(c), nor was it               
          deemed stipulated under Rule 91(f).  This amount, alleged in the            
          amended answer, increased petitioner’s deficiency from $22,722 to           
          $28,036; therefore, respondent bears the burden of proof with               
          respect to this amount.  Rule 142(a).                                       
               12The amount by which petitioner underpaid his income tax              
          takes into account disallowed deductions.                                   






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 10, 2007