- 16 - 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...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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