Delwin D. Houser - Page 5




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          Because of lack of documentation provided during the audit,                 
          respondent did not allow petitioner any deductions for expenses             
          relating to the roofing business, and respondent charged                    
          petitioner with the above total amounts for each year as                    
          unreported taxable income.                                                  
               For each year, respondent also determined that petitioner              
          was liable for the fraudulent failure to file addition to tax               
          under section 6651(f).  In the alternative, for each year,                  
          respondent determined that petitioner was liable for the                    
          negligent failure to file addition to tax under section                     
          6651(a)(1).                                                                 
               As a protective measure, on audit of Rebecca and Richard               
          Adair for 1993, 1994, and 1995, respondent charged to the Adairs            
          the same total amounts of unreported income relating to the bank            
          deposits that were charged to petitioner.                                   

                                       OPINION                                        
               Under section 61, gross income includes all income from                
          whatever source derived.  See Commissioner v. Glenshaw Glass Co.,           
          348 U.S. 426, 431 (1955).  Taxpayers are required to maintain               
          sufficient records to allow respondent to determine their correct           
          Federal income tax liability.  See sec. 6001.  Taxpayers with               
          income above the exemption amount are required to file Federal              
          income tax returns.  See sec. 6012.                                         







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