Charles Y. and Jin Y. Choi - Page 10




                                       - 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...)           





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