- 7 - reported that the condition of Mr. Judy’s health precluded a deposition. Petitioner’s report was accompanied by a one- sentence note written on a doctor’s prescription pad and signed by J. Richard Allison III, M.D., which read: “Pt. [patient] should be up on feet for short distance and short period of time only.” In early February we discussed this matter with the parties in a telephone conference call. When we suggested a bedside deposition of Mr. Judy as an accommodation, and asked petitioner if he would be willing to bear the additional transportation costs that respondent would incur in coming to his home, petitioner was noncommittal, stating that he could probably make such arrangements but “it would take a while.” Mr. Judy was not deposed. By Order dated March 29, 1996, the record was closed. OPINION 1. Unreported Income Every taxpayer is required to maintain sufficient records to enable the Commissioner to establish the amount of his taxable income. Sec. 6001; sec. 1.6001-1(a) and (b), Income Tax Regs. If such records are lacking, the Commissioner may reconstruct the taxpayer’s income by any indirect method that is reasonable under the circumstances. Cebollero v. Commissioner, 967 F.2d 986, 989 (4th Cir. 1992), affg. T.C. Memo. 1990-618; Petzoldt v. Commissioner, 92 T.C. 661, 687 (1989); Schellenbarg v.Page: 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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