Michael J. Downing and Sandra M. Downing - Page 68

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          brief that they calculated gross receipts incorrectly or whether            
          they incorrectly described their method of calculation.                     
               Lastly, because petitioners were cash basis taxpayers, it              
          would not be surprising to find that the amount reported on a               
          Form 1099 is different from the total amount of the corresponding           
          invoices.  The Form 1099 amount may be less in situations where             
          the customer paid only part or some of the invoices.  The Form              
          1099 amount may be greater than the total amount of the                     
          corresponding invoices in situations where the customer paid for            
          services rendered in prior years.  Thus, it is possible, as                 
          petitioners contend, that the discrepancies are due to “timing              
          considerations”.  Petitioners, however, have not provided us with           
          any records from which we can ascertain the actual relationships            
          between the Form 1099 amounts and Michael’s plumbing business               
          receipts for the years in issue.                                            
               Accordingly, based on the record as a whole, we conclude               
          that Michael’s books and records are sufficiently confused so               
          that they do not reliably show the gross receipts from the                  
          plumbing business, and consequently, Michael’s tax liabilities,             
          for the years in issue.                                                     
          (3)  Inconsistent and Implausible Explanations                              
               Petitioners attribute a significant portion of their bank              
          deposits for the years in issue to Michael’s cash hoard.                    
          Respondent maintains that petitioners’ explanations and behavior            







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