- 29 - 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 issuePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011