Peter and Mary Possas - Page 10




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          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 method            






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