- 5 - Respondent’s net worth calculation is set out in the appendix. Amounts in bank accounts held in the name of petitioner’s mother and held jointly by petitioner and his mother are included in the net worth analysis. Inclusion of these accounts in petitioner’s net worth is supported by the evidence. The net worth calculation is supported by the evidence and accurately shows petitioner’s net worth and expenditures and establishes that petitioner had net taxable income of $33,685, $24,647, $108,609, and $18,038 for the years 1987, 1988, 1989, and 1990, respectively. OPINION When a taxpayer keeps no books, or keeps books that are inadequate, section 446(b) authorizes the Internal Revenue Service to compute the taxpayer’s income by any method that clearly reflects income. See sec. 446(b). The “net worth method” has been accepted by the courts as satisfying this legislative mandate. Holland v. United States, 348 U.S. 121 (1954). The Supreme Court described the method as follows: In a typical net worth prosecution, the Government, having concluded that the taxpayer’s records are inadequate as a basis for determining income tax liability, attempts to establish an “opening net worth” or total net value of the taxpayer’s assets at the beginning of a given year. It then proves increases in the taxpayer’s net worth for each succeeding year during the period under examination and calculates the difference between the adjusted net values of the taxpayer’s assets at the beginning and end of each of the years involved. The taxpayer’s nondeductible expenditures, including living expenses, are added to these increases, and if the resultingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011