- 19 - petitioners’ attack on the judgmental aspects of respondent’s reconstruction are dependent on information that petitioners knowingly and intentionally discarded.5 We must emphasize that petitioners have not performed a reconstruction of their corporate, partnership, or individual income by which we could test the accuracy of respondent’s method. Petitioners have provided only their self-serving testimony, which is both uncorroborated and contradictory to the record in this case. Accordingly, we hold that the reconstruction is appropriate, as modified through the concessions made by respondent. Division of Partnership Income--Respondent contends that the reconstructed partnership income should be split equally by Maynard and McDonald. Petitioners have, by designation as “guaranteed payments”, divided M&M’s $24,590 of reported income $3,457 to McDonald and $21,133 to Maynard. That division equals approximately 14 percent for McDonald and 86 percent for Maynard. Through 1989, petitioners did not have a written partnership 5 Petitioners also argued that the doctrine of judicial estoppel should be applied in this case to preclude respondent from making the alternative determination that income from the tax accounting practice could, in some instances, be attributed to Gold and M&M. That doctrine is inappropriate in this setting. Because of petitioners’ lack of adequate records, respondent has taken alternative positions with respect to income that petitioners could not verify or show belonged to either the corporation or the partnership. Respondent is permitted to take such positions, and it is petitioners’ obligation to show which of the entities, if any, is obligated to report the income. The mere reporting of the income on the corporate return does not enable petitioners to meet their burden.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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