- 10 - OPINION Although we consider several issues in this case, the two primary issues involve the reconstruction of petitioners’ income for 1991 and 1992 and whether any part of the 1991 underpayment of tax is attributable to fraud.4 The main thrust of petitioners’ attack focuses on respondent’s use of a bank deposits analysis to reconstruct petitioners’ income. Taxpayers are required to maintain records sufficient to show whether they are liable for Federal income taxes. See sec. 6001; DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992). If a taxpayer fails to keep records, the Commissioner may reconstruct the taxpayer’s income. See sec. 446(b); Holland v. United States, 348 U.S. 121, 130-132 (1954); Parks v. Commissioner, 94 T.C. 654, 658 (1990). The records petitioner maintained for purposes of reporting the income and deductions of Gene’s were inadequate. Petitioners do not argue that the books and records were accurate or adequate.5 Petitioner admitted that he understated the gross 4 In a Dec. 21, 2000, order, respondent’s motion for partial summary judgment was granted, and it was held that “petitioner Charles Y. Choi is estopped from denying that he is liable for a fraud penalty, under section 6663, I.R.C., to the extent that there is any deficiency finally determined to which a fraud penalty would be applicable for the 1992 taxable year.” 5 Petitioners have attempted to discredit respondent’s bank deposits reconstruction of income by offering their own reconstruction using the percentage markup method. The (continued...)Page: 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