Bruce David Cohen - Page 9




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          Sport was determined to have net income of $33,916 after                    
          subtracting expenses of $277,243 (.891 x $311,159) from the                 
          stipulated gross sales.                                                     
               Petitioner has offered no concrete evidence to establish               
          either that his business diverged from that of the average                  
          bicycle retailer or that he incurred specific costs in excess of            
          those taken into account by respondent’s method of                          
          reconstruction.  Rather, petitioner has offered testimony,                  
          tangential at best, regarding his standard of living, on the                
          premise that “My standard of living did not, has not, never has             
          reflected the amount of income that they alleged, either                    
          originally or now”.  He has also relied on unsupported assertions           
          that his business operated at a loss, such as that in the                   
          following brief colloquy:                                                   
                    THE COURT:  All right.  You went for 6 years                      
               without making any money?  Is that what you’re saying?                 
                    MR. COHEN:  Yes, sir, absolutely.                                 
               In these circumstances, we conclude that respondent has                
          employed a reasonable method for reconstructing petitioner’s                
          Schedule C income for 1986 and that petitioner has failed to                
          carry his burden of showing such method to be in error.  As the             
          Court of Appeals for the Ninth Circuit has expressly stated:                
          “Courts have long held that the IRS may rationally use statistics           
          to reconstruct income where taxpayers fail to offer accurate                







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