- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011