- 7 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011