- 13 - Respondent explained that his agent used a statistical sampling technique to calculate the amount of the deduction to disallow for the 1993 tax year. The agent analyzed a sampling of cases to find the average time delay between expenditure and reimbursement by calculating the average length of time a sample case remained open. This was corroborated by reviewing the frequency of bank deposits and comparing specific deposits to a sampling of cases. By this type of methodology, respondent’s agent estimated a 6-month period between expenditure and reimbursement. Although respondent’s determination involved estimates, it is reasonably accurate under the circumstances because of petitioner’s failure to maintain records that would identify the amount of unreimbursed litigation costs for the fiscal year. In that regard, petitioner bears the burden of showing that respondent’s determination is in error. Petitioner has not provided the Court with a method that is more reliable than respondent’s. Petitioner’s failure to keep or present respondent or the Court with adequate records showing the amounts involved is of its own doing, and, accordingly, petitioner must bear those consequences. See Silverton v. Commissioner, T.C. Memo. 1977- 198, affd. without published opinion 647 F.2d 172 (9th Cir. 1981). Accordingly, we sustain respondent’s determination as toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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