Henry Hardy - Page 11

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          proof of the taxpayer's intent is rarely available.  The                    
          taxpayer's entire course of conduct may establish the requisite             
          fraudulent intent.  Stone v. Commissioner, 56 T.C. 213, 223-224             
          (1971); Otsuki v. Commissioner, 53 T.C. 96, 105-106 (1969).  A              
          pattern of consistent underreporting of income for a number of              
          years, when accompanied by other circumstances showing an intent            
          to conceal, justifies the inference of fraud as to each of the              
          years.  Holland v. Commissioner, 348 U.S. 121, 137 (1954); Otsuki           
          v. Commissioner, supra.                                                     
               Under section 61, gross income includes "all income from               
          whatever source derived."  Gross income includes funds derived              
          from legal and illegal sources.  Rutkin v. United States, 343               
          U.S. 130 (1952).  Where a taxpayer keeps no books and records, or           
          the taxpayer fails to file a return from which his income tax               
          liability can be assessed, the IRS may reconstruct the taxpayer's           
          income.  Sec. 446(b); Moore v. Commissioner, 722 F.2d 193 (5th              
          Cir. 1984), affg. T.C. Memo. 1983-20.  The IRS has great latitude           
          in reconstruction methods.  Giddio v. Commissioner, 54 T.C. 1530,           
          1532-1534 (1970).  As a general rule, the computation of taxable            
          income is made under the method of accounting regularly employed            
          by the taxpayer or, if no method of accounting has been used by             
          the taxpayer, made under such method as, in the opinion of                  
          respondent, clearly reflects income.  Sec. 446(b); Moore v.                 
          Commissioner, supra; Giddio v. Commissioner, supra.  This Court             
          has approved the use of "trick sheets" to reconstruct a                     




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