- 13 - respondent's method of calculating petitioner's gross receipts may not be perfect, it is certainly reasonable under the circumstances. As the Court of Appeals for the Fifth Circuit observed in Webb v. Commissioner, 394 F.2d 366, 373 (5th Cir.1968), affg. T.C. Memo. 1966-81: Arithmetic precision was originally and exclusively in * * * [the taxpayer's] hands, and he had a statutory duty to provide it. He did not have to add or subtract; rather, he had simply to keep papers and data for others to mathematicize. Having defaulted in his duty, he cannot frustrate * * * [respondent's] reasonable attempts by compelling investigation and recomputation under every means of income determination. * * * In this case, it is obvious that the amounts reported by petitioners for gross receipts and cost of goods sold on the Schedules C were substantially understated. Had petitioners produced any books and records, we have no doubt that little support would have been provided for the amounts reported on petitioners' Federal income tax returns. It is also obvious that a significant portion of petitioner's newspaper delivery service business was conducted in cash. We believe that the gross receipts petitioners reported on the Schedules C failed to take into account considerable amounts of cash payments that petitioner collected from his customers. satisfied that had respondent taken into account petitioners' other concerns, such as the extra newspapers, the fact that 75 of petitioner's customers subscribed to the combination plan, and the fact that 5 of petitioner's customers subscribed to the weekday only subscription plan, only de minimis changes to her estimates would have resulted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011