- 10 - 1985, $3,955 in 1986,11 and zero in 1987. In his petition, petitioner contended that he-- incurred for all years relevant to the Notice, various and certain deductible business expenses, ordinary and necessary for the conduct of his businesses, including businesses involving the ownership of certain real property, all of which businesses during certain years incurred both capital and net operating losses which the Commissioner erroneously disallowed. Petitioner failed to produce any evidence of his alleged business expenses. At trial petitioner blamed the lack of evidence on respondent, contending that respondent had all of petitioner’s business records and was unwilling to share them with petitioner.12 Petitioner’s contention lacks merit. The only records of petitioner that respondent had in his possession and used in making his determination were petitioner’s bank records that respondent had obtained from various financial institutions by summons. The record shows that petitioner had numerous opportunities to inspect the bank records in respondent’s possession during the time before and between the two dates of 11On Mar. 1, 1986, IFC lost its corporate charter. The Schedule C expenses respondent allowed for 1986 are those IFC incurred from March through December of 1986. 12Specifically, petitioner asserted that the business records had been in the possession of his former partner, Mr. Dill, and were at some point “confiscated” by “the IRS.” According to respondent, any business records held by the Government relating to Mr. Dill had nothing to do with petitioner. In fact, petitioner’s lack of business records necessitated respondent’s use of the bank deposits method.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011