- 6 - Respondent issued a notice of deficiency to petitioners on March 19, 1999. For each year in issue, respondent: (1) Increased petitioners’ income by the unreported income amount listed above; (2) reduced depreciation deductions claimed on the Schedule C and Schedule E; (3) made statutory adjustments to petitioners’ self-employment tax, self-employment tax deduction, and itemized deductions; (4) imposed an addition to tax for petitioners’ failure to file a timely return; and (5) imposed an accuracy-related penalty for negligence or disregard of rules or regulations. Discussion Section 6001 requires a taxpayer to maintain sufficient records to allow for the determination of the taxpayer’s correct tax liability. Petzoldt v. Commissioner, 92 T.C. 661, 686 (1989). If a taxpayer fails to maintain or does not produce adequate books and records, the Commissioner is authorized to reconstruct the taxpayer’s income, sec. 446(b); Petzoldt v. Commissioner, supra at 686-687, and it is well settled that indirect methods may be used to do so, Holland v. United States, 348 U.S. 121 (1954). The Commissioner’s reconstruction need only be reasonable in light of all the surrounding facts and circumstances. Petzoldt v. Commissioner, supra at 687; Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970); Schroeder v. Commissioner, 40 T.C. 30, 33 (1963).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011