W. Bradford Davis and Tedde M. Rinker - Page 7

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          Respondent disallowed $60,509 of the claimed deductions because             
          petitioners were unable to substantiate the existence and                   
          business purpose of most of the deductions.                                 
               Preliminarily, we note that several issues in the dispute              
          regarding these deductions revolve around petitioners’ inability            
          to produce the source documents on which their 1999 income tax              
          return was allegedly based.  Petitioners engaged Howard Hertz               
          (Mr. Hertz) to prepare their 1999 return.  Mr. Hertz also                   
          represented petitioners during the subsequent examination of the            
          1999 return.  Dr. Rinker alone assisted Mr. Hertz in preparing              
          the 1999 return and in gathering documents for the subsequent               
          examination of that return.  Dr. Rinker claimed that she gave the           
          documents which substantiated many of the figures on petitioners’           
          1999 tax return to Mr. Hertz after Dr. Rinker, Mr. Hertz, and Dr.           
          Rinker’s assistant organized the records at Dr. Rinker’s home one           
          evening in 2002.  Dr. Rinker claims that Mr. Hertz then lost the            
          documents while the examination was being reviewed by                       
          respondent’s Appeals officer.  Mr. Hertz testified that he never            
          left Dr. Rinker’s home with the source documents after their                
          meeting in 2002.  Respondent takes the position that petitioners,           
          and not Mr. Hertz, lost the records, or that they never                     
          maintained the records to begin with.                                       
               As was true in Diaz v. Commissioner, 58 T.C. 560, 564                  
          (1972):                                                                     






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