Edward C. Tietig - Page 27




                                       - 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.                                           





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