Diesel Country Truck Stop, Inc. - Page 16




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          B. Discussion                                                               
               1. Justification for Reconstruction                                    
               Respondent’s determinations as to matters of fact in the               
          notice of deficiency are presumed to be correct, and petitioner             
          has the burden of proving otherwise.  See Rule 142(a);4 Welch v.            
          Helvering, 290 U.S. 111, 115 (1933); Anson v. Commissioner, 328             
          F.2d 703, 706 (10th Cir. 1964), affg. Bassett v. Commissioner,              
          T.C. Memo. 1963-10.                                                         
               Gross income includes income derived from business.  See               
          sec. 61(a)(2).  Every person subject to income tax is required to           
          keep books and records that establish the amount of gross income            
          and deductions shown by that person on that person’s income tax             
          return.  See sec. 6001;5 sec. 1.6001-1(a), Income Tax Regs.6  If            

               4Unless indicated otherwise, all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               5Sec. 6001 provides, in pertinent part, as follows:                    
               SEC. 6001.  NOTICE OR REGULATIONS REQUIRING RECORDS,                   
               STATEMENTS, AND SPECIAL RETURNS.                                       
                    Every person liable for any tax imposed by this title             
               [title 26, the Internal Revenue Code of 1986], or for the              
               collection thereof, shall keep such records, render such               
               statements, make such returns, and comply with such rules              
               and regulations as the Secretary may from time to time                 
               prescribe. * * *                                                       
               6SEC. 1.6001-1 Records.                                                
                    (a) In general.  Except as provided in paragraph (b) of           
               this section [relating to farmers and wage-earners], any               
               person subject to tax under subtitle A of the Code [relating           
                                                             (continued...)           





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