David F. Driggers - Page 12

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               Although we find that petitioner underreported his income              
          during the years in issue, it is not possible to determine the              
          exact amount based on the record before us.  Where, as here, a              
          taxpayer fails to keep books and records sufficient to establish            
          the amount of his tax liabilities, or if the records maintained             
          do not clearly reflect income, then the Commissioner is                     
          authorized to reconstruct income by any method which, in the                
          Commissioner's opinion, clearly reflects the taxpayer's income.             
          Sec. 446(b); Harbin v. Commissioner, supra at 377; sec. 1.446-              
          1(b)(1), Income Tax Regs.  The Commissioner may use any                     
          reasonable method to compute the income, and no particular method           
          is required.  Campbell v. Guetersloh, 287 F.2d 878, 880 (5th Cir.           
          1961).  The Commissioner's method need not be exact but must be             
          reasonable.  Holland v. United States, 348 U.S. 121 (1954);                 
          Rowell v. Commissioner, 884 F.2d 1085 (8th Cir. 1989), affg. T.C.           
          Memo. 1988-410.  Courts permit the Commissioner broad discretion            
          in this area, requiring only that the estimate be rational "'in             
          logic and in light of normal business experience.'"  Rowell v.              
          Commissioner, supra at 1087 (quoting 2 Mertens, Law of Federal              
          Income Taxation, sec. 12.108, at 443 (1989 rev.)).  As the Court            
          of Appeals for the Ninth Circuit explained in Bradford v.                   
          Commissioner, 796 F.2d 303, 306 (9th Cir. 1986) (quoting Webb v.            
          Commissioner, 394 F.2d 366, 373 (5th Cir. 1968), affg. T.C. Memo.           
          1966-87), affg. T.C. Memo. 1984-601,                                        






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