Gail Carlett Dixon - Page 8




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                                       OPINION                                        
          I.   Unreported Income                                                      
               The first issue is whether petitioner had unreported gross             
          receipts from her sole proprietorship, as determined by                     
          respondent, for her 1990, 1991, and 1992 taxable years.                     
          Respondent determined that petitioner had unreported gross income           
          from her tax preparation and notary business of $87,000,                    
          $128,000, and $153,000 in 1990, 1991, and 1992, respectively.               
          Petitioner did not file a trial memorandum or brief in this case.           
          However, based on her testimony at trial, petitioner seems to               
          assert that respondent's determination is arbitrary.                        
               Respondent may use an indirect method to reconstruct a                 
          taxpayer's income where the taxpayer has failed to provide                  
          adequate records substantiating her income.  See, e.g., Holland             
          v. United States, 348 U.S. 121, 133 (1954).  Respondent's method            
          of income reconstruction is presumptively correct and will be               
          affirmed as long as it is rational in light of all surrounding              
          facts and circumstances.  See Palmer v. IRS, 116 F.3d 1309, 1312            
          (9th Cir. 1997); Cracchiola v. Commissioner, 643 F.2d 1383, 1385            
          (9th Cir. 1981), affg. per curiam T.C. Memo. 1979-3.  Petitioner            
          bears the burden of proving that respondent's method of income              
          reconstruction is unreasonable.  See Palmer v. IRS, supra at                
          1312.                                                                       







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