- 11 - taxable income but is not required to trace deposits to their source. Petzoldt v. Commissioner, 92 T.C. 661, 695-696 (1989). We examine the record to determine whether there is a minimal evidentiary foundation supporting respondent's determination of unreported income. We find that there is. 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 records. Petzoldt v. Commissioner, supra at 693. For the years in question, petitioner maintained inadequate books and records. Petitioner's bookkeeping consisted of a few sheets of paper which lacked indicia of reliability. Respondent employed the specific items method of proof to reconstruct petitioner's gross receipts from his medical practice. ThisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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