Glenn H. and Diane J. Flood - Page 10




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          respondent used an understated amount of cash on hand in the                
          calculation of petitioners’ business income.  A larger amount of            
          cash on hand would reduce respondent’s income determination under           
          the source and application of funds method.                                 
               Taxpayers are required to keep adequate records with which             
          the Commissioner may determine their correct tax liability.  See            
          sec. 6001; sec. 1.6001-1(a), (d), Income Tax Regs.  In the                  
          absence of such adequate records, the Commissioner may                      
          reconstruct income using a method that clearly reflects income.             
          See Cebollero v. Commissioner, 967 F.2d 986, 989 (4th Cir. 1992),           
          affg. T.C. Memo. 1990-618; Petzoldt v. Commissioner, 92 T.C. 661,           
          687 (1989).  The Commissioner may use indirect methods to                   
          reconstruct income, so long as they are reasonable in the                   
          circumstances.  See Holland v. United States, 348 U.S. 121, 126             
          (1954); Giddio v. Commissioner, 54 T.C. 1530, 1532-1533 (1970).             
               Respondent reconstructed petitioners’ income using the                 
          source and application of funds method.  Petitioners do not                 
          question respondent’s use of the source and application of funds            
          method for reconstructing their income.  Petitioners argue,                 
          however, that respondent’s determination of their income was                
          overstated because respondent used too small an amount of cash on           
          hand in the computation.  Petitioners do not question other                 
          aspects of respondent’s calculations.  Accordingly, we must                 
          consider whether respondent erred in the reconstruction of                  
          petitioners’ income only with respect to the amount of cash                 





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