David F. Driggers - Page 11

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          method for computing * * * [the taxpayer's] true income."                   
          Schroeder v. Commissioner, T.C. Memo. 1989-110 (held that the use           
          of income figures listed on invalid Federal income tax returns              
          was a reasonable method of reconstructing the taxpayer's income);           
          see also Hill v. Commissioner, T.C. Memo. 1995-136, affd. without           
          published opinion 86 F.3d 1155 (6th Cir. 1996); Schroeder v.                
          Commissioner, T.C. Memo. 1986-583.  Therefore, respondent's use             
          of this method of reconstruction was well within the discretion             
          of respondent.  Sec. 446(b).                                                
               At trial, respondent also introduced summaries of numerous             
          checks drawn on FCE's account, which list Ms. Fischer as the                
          payee.  Ms. Fischer identified the checks which were cashed for             
          petitioner.  These checks totaled $33,746.01 in 1988, $34,018.99            
          in 1989, and $6,759.86 in 1990.  These amounts exceed the income            
          reported by petitioner on his delinquent returns for these                  
          respective years.  We found Ms. Fischer's testimony persuasive              
          and, consequently, find that petitioner received income during              
          1988, 1989, and 1990 in amounts greater than that reported on his           
          Federal income tax returns for these years.                                 
               Respondent also presented evidence that petitioner received            
          unreported income, including checks written on PCG's corporate              
          account during 1990 and 1991, which list petitioner as the payee.           
          These checks totaled $39,219.91 in 1990 and $82,162.80 in 1991.             








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