Bonito Ruiz Molinar - Page 7

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                                       OPINION                                        
          A.   Deficiencies                                                           
               Taxpayers must maintain sufficient records to determine                
          their correct tax liabilities.  Sec. 6001.  The Commissioner may            
          reconstruct income using any method that is reasonable in light             
          of all facts and circumstances if a taxpayer does not keep                  
          sufficient records.  Sec 446; Petzoldt v. Commissioner, 92 T.C.             
          661, 686-687 (1989); Harbin v. Commissioner, 40 T.C. 373, 376               
          (1963).                                                                     
               This Court has approved the Commissioner's use of the source           
          and application of funds method to reconstruct income.  Vassallo            
          v. Commissioner, 23 T.C. 656, 661-662 (1955).  This method is               
          based on the assumption that the amount by which the taxpayer's             
          application of funds exceeds his or her known sources of income             
          is taxable income, unless the taxpayer shows that he or she had a           
          nontaxable source.  See Taglianetti v. United States, 398 F.2d              
          558, 562 (1st Cir. 1968).                                                   
               Petitioner did not have adequate records.  Respondent used             
          the source and application of funds method to reconstruct                   
          petitioner's income for the years in issue and to determine the             
          deficiencies and additions to tax in this case.  At trial,                  
          respondent's agent explained the basis for each source and                  
          application that she used to reconstruct petitioner's income in             
          this case.  Respondent's agent interviewed petitioner and his               
          representative and obtained documents from third parties to                 




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