Estate of Frank Johnson - Page 148




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          not account for the circumstances that the Johnson family members           
          frequently lived and dined together in a communal lifestyle                 
          typical of their gypsy heritage; Frank and Katherine were not               
          able to drive but relied on Larry, Ronnie, and Sylvia for their             
          transportation; they were illiterate; they did not own life                 
          insurance; and they did not participate in a retirement plan.               
          Additionally, petitioners contend that, in the source and                   
          application of funds analysis for Sylvia, respondent failed to              
          adjust the BLS amounts to reflect that she lived with Frank and             
          Katherine for the years 1985 through August 1990.                           
               Under certain circumstances, courts have found reasonable              
          respondent’s use of data compiled by the BLS to reconstruct                 
          income or to estimate personal living expenses.  See, e.g.,                 
          Pollard v. Commissioner, 786 F.2d 1063, 1066 (11th Cir. 1986),              
          affg. T.C. Memo. 1984-536; Giddio v. Commissioner, 54 T.C. at               
          1532.  The rationale for use of BLS data is that “[w]here * * *             
          there is evidence of taxable income but no information can be               
          acquired to ascertain the amount of such income, we do not think            
          it is arbitrary for the Commissioner to determine that the                  
          taxpayer had income at least equal to the normal cost of                    
          supporting his family.”  Giddio v. Commissioner, supra at 1533.             
               Unquestionably, the Johnson family members incurred personal           
          living expenses during the years in issue.  Frank and Katherine             
          did not maintain checking accounts or provide to respondent other           






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