- 17 - the books and records are regularly kept in the course of the taxpayer’s business, then they will not be disregarded absent a showing that they are inadequate or erroneous. See Lark Sales Co. v. Commissioner, 437 F.2d 1067, 1078 (7th Cir. 1970), affg. in part and revg. in part Medd v. Commissioner, T.C. Memo. 1968- 244; Estate of Hill v. Commissioner, 59 T.C. 846, 857 (1973). However, the Commissioner is not bound to accept a taxpayer’s books and records at face value; the books and records may be more consistent than truthful. See Holland v. United States, 348 U.S. 121, 132 (1954). Even when the taxpayer keeps books and records that support the tax return as filed, an inquiry outside of the books and records may be necessary, because the books and records may support the tax return as filed yet omit taxable income. See Campbell v. Guetersloh, 287 F.2d 878, 880 (5th Cir. 1961). When a taxpayer fails to keep adequate records, the Commissioner is authorized to determine the existence and amount of the taxpayer’s income by any method that clearly reflects income. See sec. 446(b); Holland v. United States, supra; Mallette Bros. Const. Co., Inc. v. United States, 695 F.2d 145, 6(...continued) to income taxes] * * * shall keep such permanent books of account or records, including inventories, as are sufficient to establish the amount of gross income, deductions, credits, or other matters required to be shown by such person in any return of such tax or information.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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