Richard K. and Christine M. McGirl - Page 20

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          McGirl argues that the understated income should be calculated as           
          follows:                                                                    
                   Total          McAllister     Reported       Understated           
          Year     deposits       loans          deposits       Income                
          1989     $126,464       $32,000        $70,154        $24,310               
          1990     146,055        30,500         54,681         60,874                
          1991     153,081        7,000          65,582         80,499                


               c.  Reconstruction of Income                                           
               Every individual liable for tax is required to maintain                
          books and records sufficient to establish the amount of his or              
          her gross income.  Sec. 6001; DiLeo v. Commissioner, 96 T.C. 858,           
          867 (1991), affd. 959 F.2d 16 (2d Cir. 1992).  Where a taxpayer             
          fails to maintain or produce adequate books and records, the                
          Commissioner is authorized to compute the taxpayer's taxable                
          income by any method that clearly reflects income.  Sec. 446(b);            
          Holland v. United States, 348 U.S. 121 (1954); Webb v.                      
          Commissioner, 394 F.2d 366, 371-372 (5th Cir. 1968), affg. T.C.             
          Memo. 1966-81.  The reconstruction of income need only be                   
          reasonable in light of all surrounding facts and circumstances.             
          Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970).  The                     
          Commissioner is given latitude in determining which method of               
          reconstruction to apply when a taxpayer fails to maintain                   

          9(...continued)                                                             
          buy the equipment.  The purchased equipment would be his                    
          inventory.  A taxpayer may not deduct inventory purchases.                  
          Molsen v. Commissioner, 85 T.C. 485, 502 (1985).  No documentary            
          evidence or testimony was offered by petitioners to establish the           
          cost of the ending inventory for each year in question.                     



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