Warren R. Ketler - Page 9




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          A.  Reconstruction of Income                                                
               Every individual liable for income taxes is required to                
          maintain books and records sufficient to establish the amount of            
          his or her gross income.  See sec. 6001; DiLeo v. Commissioner,             
          96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992).  In              
          the absence of books and records, the Commissioner may                      
          reconstruct a taxpayer's income by any method that clearly                  
          reflects income.  Sec. 446(b).  The choice of the method of                 
          reconstruction of income lies with the Commissioner.  See Estate            
          of Rau v. Commissioner, 301 F.2d 51, 54 (9th Cir. 1962) (citing             
          Schellenbarg v. Commissioner, 31 T.C. 1269, 1277 (1959), affd. in           
          part and remanded on another issue 283 F.2d 871 (6th Cir. 1960)),           
          affg. T.C. Memo. 1959-117.  The Commissioner possesses                      
          substantial latitude in reconstructing a taxpayer's income when             
          the taxpayer fails to maintain records.  See Petzoldt v.                    
          Commissioner, 92 T.C. 661, 695-696 (1989).                                  
               Here, respondent has reconstructed petitioner’s income using           
          both information received from third-party payers concerning                
          payments made with respect to petitioner’s Social Security                  
          number, address, and a business, California Barbecue, with which            
          he acknowledges involvement; and bank accounts bearing his name,            
          Social Security number, and address.  We accept both methods as             
          permissible means of reconstructing income.                                 







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