- 9 - sufficient to link petitioners to the receipt of additional income from Mrs. Possas’s hairdressing activity, and the determination in the notice of deficiency was neither arbitrary nor erroneous. See Blohm v. Commissioner, supra at 1548-1549. Accordingly, petitioners bear the burden of proof with respect to the unreported income for 1996. Respondent claimed at trial that petitioners are not entitled to the previously allowed advertising expense deduction of $29,585 for 1995. Rather, they are entitled to a deduction of only $5,156.60 (i.e., the amount that petitioners substantiated and respondent conceded). Because this is a new matter, respondent bears the burden of proof with respect to the disallowed portion of the claimed advertising expense deduction of $24,428.40. Rule 142(a)(1). 2. Unreported Income We must first decide whether respondent’s determination that petitioners had unreported income in 1996 is reasonable. Gross income includes all income from whatever source derived. Sec. 61(a). Generally, a taxpayer is required to maintain adequate books and records of income. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. When a taxpayer has failed to provide adequate records substantiating income, the Commissioner is authorized to reconstruct the taxpayer’s income by using any reasonable methodPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011