- 12 - Respondent argues that her estimates are as accurate as possible, given the information that she had at the time. If there are any problems in her estimates, respondent suggests that the problems were caused by petitioner's own record keeping failures. For the following reasons, we agree with respondent. Taxpayers have the obligation to maintain sufficient books and records in order to allow for the determination of income and expenses, and such books and records are to be kept available for inspection by respondent. Sec. 6001; sec. 1.6001-1(e), Income Tax. Regs. There is some dispute whether petitioners produced any books and records for respondent's review during the examination stage, although we find it unlikely that they did. It is clear, however, that books and records were kept, but for reasons unexplained, petitioners did not produce them at trial. Absent such books and records, we review respondent's method of reconstructing petitioners' income not so much for precision, but for reasonableness under the circumstances. Holland v. United States, 348 U.S. 121 (1954); Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970). Applying this standard of review, none of petitioners' attacks upon respondent's method has merit.4 While 4We disagree with petitioners' contention that regular fluctuations in the number of "draws" renders the use of averages invalid. Petitioners have not called our attention to any statistical principles that support this proposition, and given the intended use of such averages, the opposite seems obvious to us. We also disagree with petitioners' assertion that the rate of uncollectibles respondent used was too low. The amount was the highest rate provided by the Star Telegram. We are alsoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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