Salvador Chavarria and Irene Chavarria - Page 5

                                        - 5 -                                         
          Autos Oti-Juarez were produced by petitioner to substantiate the            
          claimed cost of goods sold or expenses.  Petitioner claims that             
          the records were never returned to him by Bencomo after the                 
          Mexican tax returns were prepared.  Petitioner did not call                 
          Bencomo at trial and did not explain his failure to do so.                  
          Whatever the reason for the absence of records, however,                    
          petitioner is not relieved of his burden of proof.  See                     
          Malinowski v. Commissioner, 71 T.C. 1120, 1125 (1979).                      
          Petitioner's claim that he lost money on rapidly increasing sales           
          is not persuasive.                                                          
               Petitioner has failed to offer credible evidence from which            
          we could make an approximation of Autos Oti-Juarez’s cost of                
          goods sold.  He did testify, however, that some detailing work on           
          cars sold in Mexico was required after the cars were purchased.             
          Some expenses of this nature undoubtedly were incurred.  We                 
          estimate these expenses as $400 for 1990, $1,100 for 1991, and              
          $2,500 for 1992.                                                            
               Respondent also determined that petitioners are liable for             
          the section 6651(a)(1) addition to tax for 1990 and 1992.                   
          Section 6651(a)(1) imposes an addition to tax for failure to file           
          timely a return, unless the taxpayer establishes that the failure           
          did not result from “willful neglect” and that the failure was              
          due to “reasonable cause”.  The addition to tax equals 5 percent            
          of the tax required to be shown on the return for the first                 
          month, with an additional 5 percent for each additional month or            




Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011