- 14 - States, 348 U.S. 121 (1954), and their progeny, as establishing the legal standard for the net worth method, and both parties make the same legal analysis of fraud and the badges of fraud under section 6653(b) and the decided cases. The parties dispute how those standards apply to the facts in this case. 2. Whether Respondent Had a Basis in Law for Determining That the Decedent and Mrs. Spear Had No Cash on Hand on January 1, 1975 Petitioners contend that respondent had no basis in law for determining that the decedent and Mrs. Spear had no cash on hand on January 1, 1975, because respondent improperly used the net worth method. We disagree. Respondent's basis in law is clear. The Commissioner may use the net worth method to compute a taxpayer's income if the taxpayer has inadequate records. Paschal v. Commissioner, 76 AFTR 2d 95-7975, at 95-7977, 96-1 USTC par. 50,013, at 83,047 (3d Cir. 1995), affg. without published opinion T.C. Memo. 1994-380; sec. 1.446-1(b), Income Tax Regs.; e.g., Holland v. United States, supra at 130-132. Petitioners do not dispute that this is the applicable legal standard. Under the net worth method, a taxpayer's income is equal to the increase in net worth during the taxable year, plus nondeductible disbursements, minus nontaxable receipts. HollandPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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