Diesel Country Truck Stop, Inc. - Page 17




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          the books and records are regularly kept in the course of the               
          taxpayer’s business, then they will not be disregarded absent a             
          showing that they are inadequate or erroneous.  See Lark Sales              
          Co. v. Commissioner, 437 F.2d 1067, 1078 (7th Cir. 1970), affg.             
          in part and revg. in part Medd v. Commissioner, T.C. Memo. 1968-            
          244; Estate of Hill v. Commissioner, 59 T.C. 846, 857 (1973).               
               However, the Commissioner is not bound to accept a                     
          taxpayer’s books and records at face value; the books and records           
          may be more consistent than truthful.  See Holland v. United                
          States, 348 U.S. 121, 132 (1954).  Even when the taxpayer keeps             
          books and records that support the tax return as filed, an                  
          inquiry outside of the books and records may be necessary,                  
          because the books and records may support the tax return as filed           
          yet omit taxable income.  See Campbell v. Guetersloh, 287 F.2d              
          878, 880 (5th Cir. 1961).                                                   
               When a taxpayer fails to keep adequate records, the                    
          Commissioner is authorized to determine the existence and amount            
          of the taxpayer’s income by any method that clearly reflects                
          income.  See sec. 446(b); Holland v. United States, supra;                  
          Mallette Bros. Const. Co., Inc. v. United States, 695 F.2d 145,             


               6(...continued)                                                        
               to income taxes] * * * shall keep such permanent books of              
               account or records, including inventories, as are sufficient           
               to establish the amount of gross income, deductions,                   
               credits, or other matters required to be shown by such                 
               person in any return of such tax or information.                       





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