- 8 - While the requirements of sec. 1.6001-1, Income Tax Regs., are connected with the term "or", in this context, we interpret "or" in the conjunctive rather than disjunctive. Cf. DeSylva v. Ballentine, 351 U.S. 570, 573 (1956) (interpreting "or" in the conjunctive); United States v. One 1973 Rolls Royce, V.I.N. SRH- 16266, 43 F.3d 794, 815 (3d Cir. 1994) (holding that context is determinative of whether the term "or" is used in the conjunctive or disjunctive). It is not open to question that taxpayers must keep records sufficient to establish the amount of income received, deductions claimed, as well as the amount of any credit, rather than records that establish just one of the three. See, e.g., Lias v. Commissioner, 24 T.C. 280, 308 (1955), affd. 235 F.2d 879 (4th Cir. 1956); Rao v. Commissioner, T.C. Memo. 1996-500; Wynn v. Commissioner, T.C. Memo. 1996-415; Baker v. Commissioner, T.C. Memo. 1994-283; Mitchell v. Commissioner, T.C. Memo. 1968-137, affd. 416 F.2d 101 (7th Cir. 1969). In the absence of adequate books and records, the Commissioner may determine the existence and amount of a taxpayer's income by any method that clearly reflects income. Sec. 446(b); Harbin v. Commissioner, 40 T.C. 373, 377 (1963). The Commissioner may use any reasonable method. DiLando v. Commissioner, T.C. Memo. 1975-243. No particular method is required since circumstances will vary in individual cases.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011