Kim Beauchamp - Page 11

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          taxable income but is not required to trace deposits to their               
          source.  Petzoldt v. Commissioner, 92 T.C. 661, 695-696 (1989).             
               We examine the record to determine whether there is a                  
          minimal evidentiary foundation supporting respondent's                      
          determination of unreported income.  We find that there is.                 
               Every individual liable for tax is required to maintain                
          books and records sufficient to establish the amount of his or              
          her gross income.  Sec. 6001; DiLeo v. Commissioner, 96 T.C. 858,           
          867 (1991), affd. 959 F.2d 16 (2d Cir. 1992).  Where a taxpayer             
          fails to maintain or produce adequate books and records, the                
          Commissioner is authorized to compute the taxpayer's taxable                
          income by any method that clearly reflects income.  Sec. 446(b);            
          Holland v. United States, 348 U.S. 121 (1954); Webb v.                      
          Commissioner, 394 F.2d 366, 371-372 (5th Cir. 1968), affg. T.C.             
          Memo. 1966-81.  The reconstruction of income need only be                   
          reasonable in light of all surrounding facts and circumstances.             
          Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970).  The                     
          Commissioner is given latitude in determining which method of               
          reconstruction to apply when a taxpayer fails to maintain                   
          records.  Petzoldt v. Commissioner, supra at 693.                           
               For the years in question, petitioner maintained inadequate            
          books and records.  Petitioner's bookkeeping consisted of a few             
          sheets of paper which lacked indicia of reliability.  Respondent            
          employed the specific items method of proof to reconstruct                  
          petitioner's gross receipts from his medical practice.  This                



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