- 27 - A taxpayer is required to maintain records sufficient to show whether he or she is liable for Federal income taxes. Sec. 6001. Petitioner has not provided any invoices from contractors or canceled checks showing the billing or payment of any cost. No documentation other than the foreclosure has been presented with respect to petitioner’s cost basis in the structure. Petitioner testified that he lacked adequate records to substantiate his costs because his records were stolen in 1991. Petitioner did not try to reconstruct his records from other sources.25 Instead, petitioner offered his own testimony, the testimony of his son, Mark Tietig, and a letter from an architect to substantiate his claimed cost basis in the Miami property. Petitioner’s testimony included his personal estimates of the actual cost to build the structure based on a price per square foot. Petitioner’s estimates were derived by taking the basis figure reported on a depreciation schedule prepared for Eureka Field Nursery’s 1985 Form 1120S and then backing into this figure by estimating the square footage cost of the structure. 24(...continued) assignment of error shall be deemed to be conceded. Rule 34(b)(4). Therefore, no adjustment to the recovery period applied in the notice of deficiency is required. 25Petitioner testified that he could not locate the general contractor. However, he did not attempt to contact any of the subcontractors even though he knew them by name and, in some instances, had written checks payable to both the general contractor and the subcontractor.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011