- 43 - her gross income. Sec. 6001; DiLeo v. Commissioner, 96 T.C. 858, 867 (1991), affd. 959 F.2d 16 (2d Cir. 1992); sec. 1.6001-1(a), Income Tax Regs. If the taxpayer fails to maintain or produce adequate books and records, the Commissioner is authorized to compute taxable income by any method that clearly reflects income. Sec. 446(b); Holland v. United States, 348 U.S. 121 (1954). The Commissioner enjoys substantial latitude in determining which method of computation to apply in order to reconstruct the income of a taxpayer who fails to maintain or produce records. Estate of Rau v. Commissioner, 301 F.2d 51, 54 (9th Cir. 1962), affg. T.C. Memo. 1959-117; Petzoldt v. Commissioner, 92 T.C. at 693. The reconstruction of income need only be reasonable in light of all the surrounding facts and circumstances. Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970). This Court consistently has allowed the use of the bank deposits method for reconstructing income. Clayton v. Commissioner, 102 T.C. 632, 647 (1994); DiLeo v. Commissioner, supra; Estate of Mason v. Commissioner, 64 T.C. 651 (1975), affd. 566 F.2d 2 (6th Cir. 1977). Once there is evidence of actual receipt of funds by the taxpayer, then the taxpayer has the burden of proving that all or part of those funds are not taxable. Tokarski v. Commissioner, 87 T.C. 74 (1986).Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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