- 16 - the total cash receipts recorded on the Meter Readings Sheets exceeded the amount reported on Banner’s return. The record in this case demonstrates an evidentiary foundation for respondent’s determination of unreported income. Petitioners do not dispute that Mr. Karcho wholly owned Banner, an S corporation that operated a cash-based amusement arcade. Thus, petitioners have the burden of showing error in respondent’s determination of unreported income. See Pittman v. Commissioner, 100 F.3d 1308, 1313 (7th Cir. 1996), affg. T.C. Memo. 1995-243; United States v. Walton, 909 F.2d 915, 918 (6th Cir. 1990). Taxpayers are required to keep such records as are sufficient to establish taxable income. See sec. 1.6001-1(a), Income Tax Regs. If the taxpayer does not keep such records or the records are inaccurate, the Commissioner has “great latitude” to reconstruct the taxpayer’s income by any reasonable means. Giddio v. Commissioner, 54 T.C. 1530, 1532-1534 (1970); see Harbin v. Commissioner, 40 T.C. 373, 377 (1963). In the instant case, petitioners are in a largely untenable position with respect to their records, it having been discovered that they kept two sets of books, each appearing to record the income of Banner. Petitioners have effectively conceded that the Daily Income/Cash Receipts records did not accurately record Banner’s gross income and expenses, due to their stipulation that thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011