-34- C. Holding on the Fraud Additions We find that the evidence clearly and convincingly proves that petitioner's failure to file an income tax return for each of the years 1989-92 was fraudulent within the meaning of section 6651(f). Respondent's determination that the 75-percent fraud addition under section 6651(a) and (f) applies to each of the years 1989-92 is sustained. III. Should Respondent's Determinations of Petitioner's Unreported Income for 1993 and 1994 Be Sustained? Respondent did not use the "specific items" method to reconstruct petitioner's income for 1993 and 1994. Instead, respondent determined petitioner's income by reference to average cost-of-living survey information obtained from the Bureau of Labor Statistics (BLS). Using tables that classify the BLS statistics according to age, size of consumer unit, occupation, and location, respondent determined that petitioner had a cost of living--and therefore must have had net business income--of $34,533 and $35,638, in 1993 and 1994 respectively. We sustain respondent's determinations of deficiencies in petitioner's tax for 1993 and 1994, for the following reasons. A. Reasonable Use of BLS Statistics In certain circumstances, the Commissioner may use cost of living statistics, including BLS survey information, to reconstruct a taxpayer's income. See Giddio v. Commissioner, 54 T.C. 1530 (1970); Bennett v. Commissioner, T.C. Memo. 1998-96. As we stated in Giddio v. Commissioner, supra at 1533:Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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