Bank Deposit Analysis
Bank Deposit Analysis
Bank Deposit Analysis
Contents
Examination Techniques for a Cash Business ................................................................................ 2
Purchases can Reveal Sales ........................................................................................................ 2
Sources ........................................................................................................................................ 3
Hidden Family and Employee Transactions ............................................................................... 3
Check Cashing Services .............................................................................................................. 4
Indirect Methods ............................................................................................................................. 4
The Percentage of Markup Method should be considered in the following cases: .................... 6
Percentage Computation Methods (Mark up method #1) ....................................................... 7
Unit and Volume Method (Mark up Method #2).................................................................... 7
Fully Developed Cash T Account Method ................................................................................. 8
Source and Applications of Funds Method ................................................................................. 9
Bank Deposit and Cash Expenditures Method ......................................................................... 10
Net Worth Method .................................................................................................................... 13
Key Points to Audit of Books and Records .................................................................................. 14
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reported on a sales invoice. If necessary the examiner can locate the customers and contact them
to provide their work invoices that were never reported in the shops sales.
Another avenue to pursue when the taxpayer does not produce contracts, but it is unlikely the
particular industry would do business without them, is to summons the deposit slips, deposit
sources and cancelled checks to reveal customers and suppliers. The suppliers, identified through
the taxpayers cancelled checks, can be contacted to obtain their invoices. In the building
industry, the invoices will reveal the delivery addresses and can identify specific homes that
were built.
Some of these techniques are similar to the percentage markup method that will be discussed
later.
Sources
There are times when it is easier to find unreported income. Following are a few examples.
Selling the business When a business is being offered for sale the new owner and possibly a
lender will be looking at financial records. It is in the taxpayers interest to give these sources the
correct business information, first because the healthier the business the better price it will
garner, but also because the potential buyer may be in the same business and will recognize
problematic records. They may think if the records are shoddy, what else is wrong. If the
examiner learns of purchase negotiations, it would be helpful to speak with the potential buyer. If
there have been potential buyers in the past it would be helpful to interview them.
Getting a loan When a business is looking for funding or to expand, they will need to supply
the lender with healthy financial statements. Similarly, if the sole proprietor, majority
shareholder or partner is seeking personal loans, banks will want to see the business financials.
These financial statements are usually accurate. When an application is made for a loan, the
taxpayer is required to list income and expenses, and attests the information is true by signing
and dating the application. Loans funded and loans applied for can be summonsed.
Divorce A disadvantaged spouse can attest to the amount of money flowing into the household
by verifying what was spent. The spouse may also have knowledge of hidden assets or
unidentified sources of income, such as sideline sales or another cash business.
Employees especially mistreated employees can discuss business practices they have observed
over time. They can say who handled cash and what procedures were overridden. Employees
may also be able to prove they were paid in cash to avoid payroll taxes.
When a cash intensive business makes payments in cash and there is no information reporting
made or it is not required to be made
Indirect Methods
A request for a specific item (that is, a specific bank deposit) is not an indirect method. Also, if
during an indirect method analysis an examiner finds a specific adjustment that item is not
considered an indirect method adjustment; that is, an adjustment based upon circumstantial
evidence. That adjustment is direct evidence of unreported income.
If, after completing the minimum income probes, the examiner determines that there is a
reasonable indication of potential unreported income, then a more in-depth examination of
income will be made. [IRM 4.10.4.5]
This decision point must be documented. The documentation should include a narrative
explaining how the evidence at this point establishes the likelihood of unreported income,
including:
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Example: The taxpayer stated in the initial interview that all income is deposited to the business
bank account, and gross receipts are determined by totaling bank deposits. However there
appear to be significant cash expenditures for business and personal expenses with no method to
include the cash paid out in income. The gross profit percentage (GPP) is well below industry
averages. At this point, the Cash T indicates a cash shortage of approximately $40,000. A Fully
Developed Cash T method will be performed to capture the cash paid out and calculate the
correct income.
Or,
Example: The taxpayer stated in the initial interview that gross receipts from the convenience
store are determined from cash register tapes. The comparison of the daily tapes to the books
during a sample period shows no discrepancy. While the net profit from the business is only
$20,000, the general ledger shows owner withdraws for personal use in excess of $78,000. The
Cash T, using the self identified owner withdraws as PLE, shows a cash shortage of $100,000
and indicates the books are not credible. Manager recommends a Source and Application of
Funds method be used to determine the correct income.
Or,
Example: The cash intensive business, which is the only reported income for this family of four,
consistently reports ordinary income of $20,000 to $30,000 in the past 6 years. During the same
period, the taxpayer has accumulated two rental properties whose FMV is in excess of $180,000.
Both properties report unusually small rents and substantial expenses, resulting in losses.
Property improvements are observed and the taxpayer confirms the improvements are made in
the exam year, however no expenditures can be found for the improvements. A Source and
Application of Funds method will be used to calculate the taxpayers total income from all
sources.
The documentation can be inserted into the RGS leadsheet for Minimum Income Probes.
Before beginning any examination of income the examiner must determine what is included in
income on the books and tax return, and how the amount was determined. Only then can
adjustments be made.
For example, if the taxpayers books report receipts from A, B and C, but an analysis of the bank
accounts show receipts deposited from A, C, D and E, the deposits of D and E should be added
to the reported income.
Conversely, if the taxpayers books report the amounts on the cash register tapes,
To the extent possible, examiners should attempt to identify the source and nature of deposits or
receipts that were omitted. For example, if examiners only add total business bank deposits and
compare the total to the receipts on the return, no consideration is given to the taxpayers method
of payment of business and personal expenses (cash expenditures must be added to bank
deposits).
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When the taxpayer has a double entry set of books, it is important to reconcile the cash accounts
and make sure the other accounts tie into the balance sheet. In this case, if all income is believed
to be included, the examination should concentrate on an analysis of the cash accounts and a
review of the taxpayers withdrawals from the business and personal living expenses.
The following indirect methods will be discussed: Fully Developed Cash T-Account, Source and
Applications, Net Worth and Bank Deposits and Cash Expenditures method. Each has its own
strengths and weaknesses, but all revolve around the principal of comparing the taxpayers stated
income against expenditures. When using any of these methods, it is not necessary to examine
other income or expenses because all adjustments are captured in the calculation.
Percentage of Markup Method (and Unit Volume Method)
The Percentage of Markup Method is an Indirect Method that can overcome this weakness in
reconstructing taxable income. It is similar to how State Sales Tax Agencies conduct audits. The
cost of goods sold is verified and the resulting gross receipts are determined based on the actual
markup.
A Percentage of Markup Method permits examiners to use a common denominator within the
business records to identify unreported income. The denominator should be verifiable through a
third party such as a supplier, if necessary. The examiner must comply with the provisions of
RRA 98 concerning 3rd party contacts. Examiners apply a multiplier to the common
denominator to establish gross receipts. The Markup Method is especially effective in businesses
where the supply chain is regulated or limited.
A thorough interview with the TP to solicit their statements and validate any differences between
industry standard ratios and their business is critical to the Service being sustained is.
The method has been successfully applied in the following cases:
Gas retailers (fuel volume from the wholesaler times average price equals gross receipts);
Drinking establishments (liquor purchases divided by average drinks per bottle times
average price per drink with allowance for spillage);
Package liquor store (purchase of liquor times average markup); and,
Coin laundries (water consumed divided by average water consumed times price per load
equals gross receipts).
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Gas retailers (fuel volume from the wholesaler times average price equals gross receipts);
Coin laundries (water consumed divided by average water consumed times price per load
equals gross receipts); and,
Tip income (average charged tip rate times gross receipts equals reportable gross tips).
The problems associated with this method are (1) accounting for no-charge units (samples or
tests units), (2) accounting for waste material, and (3) clear-cut factual situations are seldom
encountered. See below for Comparative Analysis and Ratio Analysis.
Deviations from industry norms are not sufficient in and of themselves to begin an in-depth
indirect income probe method. IRM 4.2.4.4
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For a detailed discussion of the unit and volume method, see IRM 4.10.4.6.7, Examination of
Income Handbook for detailed guidance.
CASH EXPENDED
Gross Rents
Wages/Miscellaneous Income
Interest/Dividend Income
Purchase of Assets
Loans Received
Loan Payments
Nontaxable Income
Accounts Receivable (at beginning)
Therefore: Total Cash Expended less Total Cash Received = Unidentified Income.
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Cash in banks may require an adjustment to reflect checks or deposits outstanding at the
beginning and end of the period. The balance for the Cash T should be the balance shown
in the check register or books.
Remember that only cash transactions are reflected; thus, dividends accrued but not paid
should not be shown.
Cash on hand at the beginning of the period should be firmly established.
Remove personal withdraws from purchases. Add the personal withdraws to PLE.
Business expenses do not include such items as depreciation, bad debts, spoilage,
inventory, etc. that do not represent cash transactions.
Loan payments and specific asset purchases should be checked carefully to avoid
duplication.
If you use the Cash T as an indirect method no further examination of income or business
expenses is needed- both will be captured in the indirect computation. Therefore, no audit
adjustments to expenses and deductions should enter into the computation.
Adjustments necessary for an accrual taxpayer are: the inclusion of the beginning
accounts receivable and the ending accounts payable balances as CASH RECEIVED, and
the ending receivables and beginning accounts payable as CASH EXPENDED.
Funds Applied
Sources of Funds
Increase in Cash-on-hand
$XX
Decrease in Cash-on-hand
$XX
Increase in Assets
$XX
Increase Payables
$XX
$XX
Increase in Depreciation
$XX
Decrease in Payables
$XX
Reserve
$XX
$XX
Personal Living/Income
$XX
$XX
Taxes
$XX
Nontaxable Income
(I.e. Gifts, Insurance)
$XX
Nondeductible Loss
$XX
Decrease in Assets
$XX
Total
$XXX Total
Understate of Income:
$XXX
$XXX
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A rough bank deposit computation needs to consider if there are additional bank accounts
(additional banks?) and/or cash expenditures.
Accrual method taxpayer: Adjustments should be made for accounts receivable and for
accounts payable. For instance, an increase in accounts receivable would be added to
total receipts.
Cash on hand should be determined as accurately as possible for the beginning of the
period(s).
Where there are sales of fixed or capital assets, the basis must be eliminated as
nontaxable.
Where there is inventory, the purchase figures should be used as business expenses, not
the cost of goods sold.
In some cases, the bank deposits analysis may be more easily applied to a factual
situation with the same results by using a revised formula, as follows:
Total deposits:
Add: Cash expenditures or receipts not deposited
Less: Identified sources of funds
Equals: Unidentified income.
There are two basic formulas for making a bank deposit computation. One is used to determine
gross receipts (total of all taxable receipts of the taxpayer) and the other one is used to determine
gross business receipts. See IRM 4.10.4.6.4., Examination of Income for additional guidance.
Discussion of Bank Deposits Analysis
A bank deposits analysis will be upheld in court. See Rifkin v. Commissioner, T.C. Memo.
1998-180, affd, 225 F. 3d 663, (9th Cir. 2001) and Cohen v. Commissioner, T.C. Memo. 2001249. In some of the cases, when the taxpayer supplies incomplete or no records the Service may
look at the bank deposits to evidence income. Nicholas v. Commissioner, 70 T.C. 1057, 1064
(1978); Sproul v. Commissioner, T.C. Memo. 1995-207. Once a bank deposit analysis is
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performed, the burden normally is on the taxpayer to prove that the deposits do not represent
unreported income.Id.
In Clayton v. Commissioner, 102 T.C. 632, 645 (1994), the United States Tax Court discusses
the bank deposits method:
Bank deposits are prima facie evidence of income, Tokarski v. Commissioner, 87 T.C. 74, 77
(1986), and the taxpayer has the burden of showing that the determination is incorrect. Estate of
Mason v. Commissioner, 64 T.C. 651, 657 (1975), affd, 566 F.2d 2 (6th Cir. 1977). In such
case the Commissioner is not required to show a likely source of income, id, although here she
has done so. The bank deposits method assumes that all money deposited in a taxpayers bank
account during a given period constitutes taxable income, but the Government must take into
account any nontaxable source or deductible expense of which it has knowledge. DiLeo v.
Commissioner, 96 T.C. at 868.
The United States Supreme Court has stated that in using the bank deposits method, the Revenue
Agent is generally required to investigate any leads regarding nontaxable sources of income that
are reasonably susceptible of being checked. Holland v. United States, 348 U.S. 121, 135-136
(1954).
Deposits, of course, will be considered income when there is no evidence they are anything else.
United States v. Doyle, 234 F. 2d 788, 793 (7th Cir. 1956); Kleinman v. Commissioner, T.C.
Memo. 1994-19. In Kleinman, the Tax Court stated, respondent made a diligent attempt to
follow all leads in order to trace nontaxable items, and found nothing more was required of the
Service.
Some leads are not reasonably susceptible of being checked. In Daniels v. Commissioner, T.C.
Memo. 1992-692, the Tax Court found that certain claims a taxpayer made for which he had no
documentary proof was not reasonably susceptible of being checked by the Service. The Court
observed:
Petitioners did not offer any information which respondent failed to investigate. A taxpayer
cannot complain about the sufficiency of an investigation where he has offered no leads. United
States v. Penosi, 452 F. 2d 217, 220 (5th Cir. 1971); Blackwell v. United States, 244 F. 2d 423,
429 (8th Cir. 1957).
For a bank deposits analysis, the revenue agent will be able to demonstrate that:
Every bank statement, deposit slip, and canceled check has been reviewed,
All deposits make into all of the taxpayers accounts have been totaled,
All possible transfers of funds between accounts have been searched for and credited to
the taxpayer. When a revenue agent only obtains a one-month sample of deposited items,
which casts doubt on the effectiveness of the Services independent review to ascertain if
there were any transfers between accounts. All nontaxable sources of income have been
eliminated.
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This method is best used when income records appear to be false, incomplete, or missing, and
there are substantial assets.
Other Areas of Concern
Establish a tight opening net worth statement (tie down cash on hand to a maximum
accumulation).
Assets should be listed at cost.
Accounting method of taxpayer should be used (cash, accrual).
Compute reserves for depreciation/amortization as per return.
Tax-exempt interest
Nontaxable pensions
Nontaxable insurance proceeds
Gifts received
Inheritances
Veterans Benefits
Dividend Exclusions
Excludable sick pay.
For a detailed discussion of the net worth method, see IRM 4.10.4.6.7, Examination of Income,
for detailed guidance.
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