- 17 - manner” and “is entirely flawed and deceptive”.7 On the instant record, we reject petitioners’ contentions. On that record, we find respondent’s method of reconstructing petitioners’ income and the results generated by that method to be reasonable.8 Based on our examination of the entire record before us, we find that petitioners have failed to establish any error in respondent’s reconstruction of petitioners’ income on the basis of the source and application of funds method. Consequently, we sustain respondent’s determinations in the notice to increase 7Petitioners also complain that respondent’s revenue agent who examined the joint returns at issue did not testify at trial. Instead, another revenue agent of respondent testified with respect to respondent’s indirect method of income reconstruction in this case. According to petitioners, they “should have the opportunity to face” the revenue agent who examined their joint returns for the years at issue. The individual who testified on behalf of respondent (respondent’s witness) was a revenue agent who, as of the time of the trial, had worked for respondent for 13 years, having served as a tax auditor responsible for the examination of individual tax returns for 9-1/2 years. Respon- dent’s witness testified because the revenue agent who examined petitioners’ returns for the years at issue was not available to testify on the date of the trial in this case. Respondent’s witness reviewed respondent’s administrative file with respect to the examination of petitioners’ joint returns for the years at issue and was thoroughly familiar with the contents of that file, including all of the work papers therein and petitioners’ joint returns for the years at issue. Respondent’s witness was also thoroughly familiar with the source and applications of funds method that respondent used in reconstructing petitioners’ income. We found respondent’s witness to be credible and her testimony to be reliable. 8Petitioners make no claims that, prior to 1993, they had accumulated a large amount of cash or that they received amounts from nontaxable sources during the years at issue.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011