Tommy Owens, Jr. and Dawn R. Owens - Page 16




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          Schedule C Gross Receipts                                                   
               Respondent determined that petitioners did not keep adequate           
          records from which their taxable income could accurately be                 
          calculated.  The only records of income and expense that peti-              
          tioners maintained with respect to Mr. Owens’ painting business             
          and the Toledo rental property were their bank statements, the              
          checks written on their joint bank accounts (the National City              
          joint account until May 18, 1993, and thereafter the Peoples                
          joint account), and petitioners’ monthly summaries that they                
          prepared from those bank statements and checks.  We agree with              
          respondent that petitioners did not maintain adequate tax rec-              
          ords.  See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.                    
               In the absence of adequate records, respondent reconstructed           
          petitioners’ income on the basis of the source and application of           
          funds method and determined that petitioners have unreported                
          Schedule C gross receipts.  The source and application of funds             
          method of reconstructing income is based on the assumption that,            
          absent some explanation, the amount by which a taxpayer’s expen-            
          ditures during a taxable year exceed the taxpayer’s known sources           
          of income is taxable income.  See Erickson v. Commissioner, 937             
          F.2d 1548, 1553 (10th Cir. 1991); Petzoldt v. Commissioner, 92              
          T.C. 661, 694 (1989).                                                       
               Petitioners contend that respondent’s indirect method of               
          income reconstruction was “conducted in a careless, malicious               






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