William M. Hawkins and Laura C. Hawkins - Page 7

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               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).                                        






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