- 14 - 1979-3; Webb v. Commissioner, 394 F.2d 366, 372 (5th Cir. 1968), affg. T.C. Memo. 1966-81. Taxpayers are required to maintain records--transactions should be documented, contracts provided, and expenses substantiated. Sec. 6001; Norgaard v. Commissioner, 939 F.2d 874, 878 (9th Cir. 1991), affg. in part and revg. in part T.C. Memo. 1989-390. The Commissioner is entitled to use a reconstruction method where a taxpayer’s books and records are either inadequate or nonexistent. Holland v. United States, supra; United States v. Johnson, 319 U.S. 503 (1943); Campbell v. Guetersloh, 287 F.2d 878, 880 (5th Cir. 1961); Adamson v. Commissioner, supra; Keogh v. Commissioner, 713 F.2d 496 (9th Cir. 1983), affg. Davies v. Commissioner, T.C. Memo. 1981-438; United States v. Stonehill, 702 F.2d 1288 (9th Cir. 1983). Petitioners do not dispute that respondent is entitled to use a reconstruction method. Petitioners argue that the method of reconstruction used by respondent was flawed and/or arbitrary.4 Petitioners, who are tax professionals, failed to keep any record of cash receipts, although they did maintain records of their cash expenditures. Petitioners intentionally discarded the only records from which their income could have been verified. Although petitioners’ tax accounting business activity has been 4 Respondent's reconstruction of petitioners’ income included any income earned through the M&M partnership. The corporate income of Gold was the subject of another case. That case was dismissed due to Gold’s loss of its corporate status and, hence, capacity to file a petition in this Court for relief.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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