- 17 - amounts recorded on those records from the sale of food and miscellaneous items understated income by substantial amounts. Also, in connection with his guilty plea for attempted income tax evasion for 1987, Mr. Karcho admitted, in reference to the Daily Income/Cash Receipts records, that such records were false, and petitioners have stipulated that similar records were provided to their accountant for each year in issue for purposes of preparing Banner’s income tax returns. Finally, petitioners argue on brief that although the Daily Income/Cash Receipts records did not record all of Banner’s gross receipts, they are nevertheless substantially accurate as to Banner’s net income because they also did not record numerous expenses that were paid with unrecorded cash. As for the other set of records (the Meter Readings Sheets and the Reconciliation Sheets that tie in to them), petitioners attempt to dismiss them as entirely fictitious. In these circumstances, respondent is entitled to reconstruct petitioners’ income by any reasonable means. See Giddio v. Commissioner, supra; Harbin v. Commissioner, supra, and cases cited therein. On the basis of this record, we believe respondent’s use of the Meter Readings Sheets to reconstruct petitioners’ income is reasonable. Petitioners mount various assaults on respondent’s use of the Meter Readings Sheets in an attempt to show error in the income reconstruction. First, as noted, Mr. Karcho testifiedPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011