- 4 - Respondent then took the adjusted expenditures for one person and applied the Consumer Price Index based on the Denver area to determine the necessary income for petitioner to live on during 1990 through 1993. Thus, the Bureau of Labor Statistics method resulted in determined income of $22,034 for 1990, $22,886 for 1991, $23,733 for 1992, and $24,738 for 1993. Section 61 provides, in part, that gross income means income derived from business and as compensation for services. Section 63(b) provides that, in the case of an individual who does not elect to itemize deductions, the term "taxable income" means adjusted gross income minus the standard deduction and the deduction for personal exemptions. Section 63(c) provides the amount of the basic standard deduction for the years 1990 through 1993 for an individual married and filing separately. Respondent allowed petitioner these deductions. Section 151 provides for a personal exemption. Petitioner presented no evidence that he is entitled to claim any exemption other than for himself. Petitioner was required to maintain books and records sufficient to establish the amount of his gross income. Sec. 6001; DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). He failed to do so. Therefore, respondent was authorized to compute petitioner's income by any method that clearly reflected income. Sec. 446(b); Holland v. United States, 348 U.S. 121 (1954). Any such reconstruction ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011