Monty Bisceglia and Patricia Bisceglia - Page 11




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          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 nontaxable             






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