- 20 - 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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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