- 29 - the records from California to New Jersey with the United Parcel Service." In discussing the evidence adduced to substantiate the payments to clients for professional services and supplies, he also states that "his original books and records were lost by United Parcel Service when the records were shipped from California to New Jersey." At trial, petitioner made no suggestion that any records necessary to substantiate the returns and allowances claimed on his return had been lost. To the contrary, during his opening statement, petitioner mentioned certain business records that allegedly had been lost, but he limited that discussion to the substantiation of certain business deductions that are no longer at issue in this case. When it came to the returns and allowances at issue here, petitioner made it clear that he never had records of any of these expenditures. Petitioner stated as follows: In other areas, for example, we'll get to the area of returns and allowances. In this area, often the client had a problem with the IRS or a government agency and I advanced taxes on their behalf, without any expectation of getting the money back from them, it--from them. And unfortunately, at that time, I was perhaps lax that I didn't have business contracts or even key business records. There were just oral agree- ments with respect to the treatment of these items. Obviously, it's a practice of–-it's not an ideal practice and it's not that these records were lost. It's just that I didn't keep them atPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011