- 9 - A. Underpayment of Tax 1. Metro’s Omitted Income Respondent determined the amount of Metro’s omitted income by compiling checks written by Poor Richards to Metro and Village Sanitation. See sec. 446(b) (authorizing the Commissioner to reconstruct a taxpayer’s income where the taxpayer fails to maintain adequate records). Petitioners contend that the worksheets used to bill Poor Richards, as summarized by McGraw, more accurately reflect income to Metro. The worksheets were incomplete and not compiled contemporaneously with Butler’s receipt of the diverted funds. Accordingly, we sustain respondent’s determinations relating to the amounts of income omitted from Metro’s returns. 2. Metro’s Alleged Deductions Petitioners concede that Metro underreported subcontract income during the years in issue, Metro overstated its subcontract expense in 1988 and 1989, and all of the funds related to the underreporting and overstatement were diverted to Butler. Petitioners contend, without supplying any contemporaneous documentary evidence or third-party testimony, that all funds diverted to Butler were used to pay Metro’s ordinary and necessary business expenses (e.g., cash payments for lower dumping fees, black-market truck parts, compensation to Butler and other Metro employees, etc.). See Franklin v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011