- 8 - amounts that were or could have been deposited in the bank accounts used by Agent Koczergo to reconstruct income for 1993. ULTIMATE FINDINGS OF FACT Petitioners failed to report $324,851.31 of gross receipts on their 1993 income tax return. Petitioners failed to claim $257,631 in cost of goods sold for their 1993 income tax year. OPINION The focus of the parties' briefs and trial presentations concerns respondent's determination of unreported income, increased cost of goods sold, and whether petitioners are liable for the accuracy-related penalty. Concerning respondent's reconstruction of petitioners' 1993 income by means of the bank deposits method, petitioners argue that respondent's methodology is flawed and that petitioners' accountant's approach, developed after the audit, more accurately reflects petitioners' income. Where, as here, taxpayers have failed to provide adequate records substantiating their income, an indirect method may be used to reconstruct income. Holland v. United States, 348 U.S. 121 (1954). Respondent used the bank deposits method to reconstruct petitioners’ income. Petitioners must now prove by a preponderance of the evidence that respondent's determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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