- 17 - simply because he keeps incomplete records. The absence of tax records cannot automatically deprive the Commissioner of a rational foundation for the income determination. As the Fifth Circuit recognized in Webb v. C.I.R., 394 F.2d 366, 373 (5th Cir. 1968): [T]he absence of adequate tax records does not give the Commissioner carte blanche for imposing Draconian absolutes .... [However,] such absence does weaken any critique of the Commissioner's methodology. Arithmetic precision was originally and exclusively in [the taxpayer's] hands, and he had a statutory duty to provide it .... [H]aving defaulted in his duty, he cannot frustrate the Commissioner's reasonable attempts by compelling investigation and recomputation under every means of income determination. Nor should he be overly chagrined at the Tax Court's reluctance to credit every word of his negative wails. See also Figueiredo v. Commissioner, 54 T.C. 1508 (1970), affd. per order (9th Cir., Mar. 14, 1973); Estate of Mason v. Commissioner, 64 T.C. 651 (1975), affd. 566 F.2d 2 (6th Cir. 1977); Bradford v. Commissioner, 796 F.2d 303 (9th Cir. 1986), affg. T.C. Memo. 1984-601. Petitioners in this case have not provided records or a more reasonable or accurate method of reconstructing their income. Petitioners attacked respondent’s reconstruction method by arguing that duplication occurred and by testifying that the reconstruction was in error based on petitioners’ recollections that certain clients were charged lesser fees or no fees. Petitioners, though they are tax professionals, failed to keep adequate records and thus created this situation in which respondent is unable to specifically verify or reconstruct the fees charged to certain clients or to determine whether, in somePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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