Darrell L. Gaines - Page 14

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               Petitioner’s returns for the years in issue also gave rise             
          to a criminal tax investigation conducted by Special Agent Dan              
          Wardlaw.  Petitioner told Special Agent Wardlaw that he had                 
          approximately $140,000 in cash in his safe at the beginning of              
          1993, but only $5,000 to $10,000 at the end of 1995.                        
          Discussion                                                                  
               A taxpayer has a duty to maintain adequate records to show             
          whether or not the taxpayer is liable for Federal income tax.               
          Sec. 6001.  If a taxpayer fails to maintain or produce such                 
          records, the Commissioner may compute a taxpayer’s income and               
          income tax liability by a variety of indirect methods, including            
          the net worth method as used by respondent in this case.  See,              
          e.g., Holland v. Commissioner, 348 U.S. 121 (1954); Petzoldt v.             
          Commissioner, 92 T.C. 661 (1989).                                           
               Petitioner’s records for Grand Video consist of the business           
          account and a cash journal.  The cash journal does not record               
          income, and by comparing the annual business account deposits to            
          the gross income reported on Grand Video’s Schedule C it is clear           
          that not all of the income from Grand Video was deposited into              
          the business account.  Furthermore, although there was a cash               
          register in Grand Video’s store, it was not used to record rental           
          and sales transactions.  Because petitioner’s records do not                
          adequately demonstrate the amount of income he earned each year,            
          it was appropriate for respondent to use an indirect method to              






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