- 5 - and petitioner is subject to the statutory rules, including the Special Trial Judges' authority to hear and decide cases under section 7443A(b)(1), (2), and (3). See Freytag v. Commissioner, supra at 882. 2. Determination of Deficiency Petitioner failed to file an income tax return for 1991. In determining petitioner's deficiency, respondent reconstructed petitioner's income using information provided by third parties, e.g., Form W-2, Form 1099-INT, and Form 1099-UC. Petitioner does not dispute the source or amount of income set forth in the notice of deficiency. Petitioner has stipulated to receiving the amounts of income set forth in respondent's notice of deficiency. Petitioner's contention is that $570 of the unemployment compensation he received in 1991 relates to the year 1990 and should not be included in his 1991 gross income. In reconstructing petitioner's 1991 income, respondent used the cash receipts and disbursement method. If no method of accounting has been regularly used by the taxpayer, the computation of taxable income shall be made under such method as, in the opinion of the Secretary, clearly reflects income. See sec. 446(b). Where a taxpayer keeps no established books or any regular system of accounting, his income is to be recomputed on the cash receipts and disbursement method. See Kotmair v. Commissioner, 86 T.C. 1253, 1258 (1986). Under the cash receipts and disbursement method, all items which constitute gross incomePage: Previous 1 2 3 4 5 6 7 Next
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