A.J. Concrete Pumping, Inc. - Page 29




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          property in service in the next most recent year.  See sec. 1.47-           
          1(e)(1)(ii) and (iii), Income Tax Regs.                                     
               The regulations under section 47 raise rebuttable                      
          presumptions that the facts are adverse to the taxpayer who fails           
          to maintain the required records.  These presumptions arise not             
          only when the taxpayer fails to maintain records at all but where           
          the records fail to establish the requisite facts.                          
               Petitioner reported an ITC carryover of $64,291 for the 1992           
          taxable year.  The ITC carryover was generated in the 1984-86               
          taxable years.  Petitioner had substantial asset dispositions               
          between 1984 and 1992 but, with the exception of one automobile             
          sale in 1985, reported no ITC recapture.  During respondent’s               
          examination, petitioner did not present adequate records or                 
          schedules to support each of the assets sold and the basis of the           
          assets remaining which relate to the unused ITC.  Because                   
          petitioner did not present adequate records or schedules to                 
          support the ITC carryover, respondent determined that no ITC was            
          available for carryover to 1992 or later years.                             
               In support of its ITC claim, petitioner produced copies of             
          its 1984 through 1991 tax returns and a collection of schedules,            
          photographs, and invoices.  Petitioner, however, made no attempt            
          to explain the schedules and invoices except to ask one of its              
          witnesses if “a lot of work” went into their preparation.                   
          Respondent’s agent testified that an audit of an ITC issue                  






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