Pelton & Gunther, Professional Corporation - Page 13




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               Respondent explained that his agent used a statistical                 
          sampling technique to calculate the amount of the deduction to              
          disallow for the 1993 tax year.  The agent analyzed a sampling of           
          cases to find the average time delay between expenditure and                
          reimbursement by calculating the average length of time a sample            
          case remained open.  This was corroborated by reviewing the                 
          frequency of bank deposits and comparing specific deposits to a             
          sampling of cases.  By this type of methodology, respondent’s               
          agent estimated a 6-month period between expenditure and                    
          reimbursement.                                                              
               Although respondent’s determination involved estimates, it             
          is reasonably accurate under the circumstances because of                   
          petitioner’s failure to maintain records that would identify the            
          amount of unreimbursed litigation costs for the fiscal year.  In            
          that regard, petitioner bears the burden of showing that                    
          respondent’s determination is in error.  Petitioner has not                 
          provided the Court with a method that is more reliable than                 
          respondent’s.  Petitioner’s failure to keep or present respondent           
          or the Court with adequate records showing the amounts involved             
          is of its own doing, and, accordingly, petitioner must bear those           
          consequences.  See Silverton v. Commissioner, T.C. Memo. 1977-              
          198, affd. without published opinion 647 F.2d 172 (9th Cir.                 
          1981).  Accordingly, we sustain respondent’s determination as to            







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