- 11 - the figures reported on their tax returns (a matter that we have been unable independently to verify), such a circumstance would not establish the accuracy of the business records or foreclose respondent from using the net worth method to test their trustworthiness. See Holland v. United States, supra at 132 (even if no false entries are detected, the taxpayer’s books may be “more consistent than truthful”); Foster v. Commissioner, supra at 903. Petitioners rely on Talley v. Commissioner, 20 T.C. 715 (1953), for the proposition that, before utilizing the net worth method, respondent must demonstrate that a taxpayer’s books and records do not accurately reflect the taxpayer’s income. Petitioners’ reliance on Talley is misplaced. Talley predates Holland v. United States, supra, which rejected such a rule. See Shelhorse v. Commissioner, T.C. Memo. 1980-98. B. Petitioners’ Alleged “Leads” as to Nontaxable Sources Petitioners contend that under Holland and its progeny, respondent was required, in using the net worth method, to exhaust all leads negating possible sources of nontaxable income. Petitioners contend that they furnished respondent certain leads that respondent failed to pursue, thus rendering his determinations arbitrary. In some cases, such as fraud and criminal cases, the Commissioner may be expected to investigate leads of nontaxablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011