- 20 - OPINION Issue 1. Whether Petitioners Had Unreported Net Income From a Sports Memorabilia Activity in the Amounts of $96,350 in 1991 and $28,001 in 1992 Gross income includes income derived from business. See sec. 61(a)(2). Gross income is construed broadly to include all "accessions to wealth, clearly realized, and over which the taxpayers have complete dominion." Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955); Hawkins v. United States, 30 F.3d 1077, 1079 (9th Cir. 1994). Every person subject to income tax is required to keep books and records that establish the amount of gross income and deductions shown by that person on his or her income tax return. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs. When a taxpayer fails to keep adequate records, the Commissioner is authorized to determine the existence and amount of the taxpayer's income by any method that clearly reflects income. See sec. 446(b); Holland v. United States, 348 U.S. 121 (1954); Mallette Bros. Constr. Co. v. United States, 695 F.2d 145, 148 (5th Cir. 1983); Webb v. Commissioner, 394 F.2d 366, 371-372 (5th Cir. 1968), affg. T.C. Memo. 1966-81. The reconstruction of income need only be reasonable in light of all surrounding facts and circumstances. See Palmer v. IRS, 116 F.3d 1309, 1312 (9th Cir. 1997); Giddio v. Commissioner, 54 T.C. 1530, 1533-1534 (1970); Schroeder v. Commissioner, 40 T.C. 30, 33Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011