- 11 - Commissioner, 65 T.C. 422, 428 (1975), affd. per curiam 584 F.2d 53 (5th Cir. 1978). Taxpayers, generally, bear the burden of proof regarding the proper amount of their cost-of-goods sold. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Winer v. Commissioner, 371 F.2d 684, 687 n.5 (1st Cir. 1967), affg. T.C. Memo. 1966-99; Goldsmith v. Commissioner, 31 T.C. 56, 62 (1958). Taxpayers are expected to maintain adequate records to substantiate claimed cost-of-goods sold. Sec. 6001; sec. 1.6001- 1(a), Income Tax Regs. Where taxpayers do not have adequate records, but where the record suggests that they clearly incurred an offset to gross income, courts may estimate the offset based on the evidence. Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930). Respondent argues that Lyell Metal failed to substantiate adequately its purchases of scrap metal by cash because Lyell Metal did not maintain records of specific purchases of scrap metal by cash nor records that identified the specific customers from whom Lyell Metal purchased scrap metal by cash. Petitioners argue that Lyell Metal’s records (namely, for 1989, 1990, and 1991, the canceled checks made payable to cash that were used daily to replenish Lyell Metal’s front office with the amount of cash paid out the prior day to purchase scrap metal, and for 1992, copies of the retained receipts, cash register tapes, and the canceled checks made payable to cash)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011