- 6 - Taxpayers are required to maintain records sufficient to establish the amounts of income, deductions, and other items which underlie their Federal income tax liabilities. Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. If a taxpayer fails to keep adequate records, the Commissioner may reconstruct the taxpayer’s income by any method that is reasonable under the circumstances. Petzoldt v. Commissioner, 92 T.C. 661, 687 (1989); see also United States v. Fior D’Italia, Inc., 536 U.S. 238, 243 (2002) (stating that the assessment authority of the IRS is not exceeded “when the IRS estimates an individual’s tax liability--as long as the method used to make the estimate is a ‘reasonable’ one”). The reconstruction need not be exact, so long as it is reasonable and substantially correct. Petzoldt v. Commissioner, supra at 693; Meneguzzo v. Commissioner, 43 T.C. 824 (1965). The bank deposit and cash expenditure method is recognized as a reasonable method of reconstructing income. Parks v. Commissioner, 94 T.C. 654, 658 (1990); Nicholas v. Commissioner, 70 T.C. 1057, 1065 (1978). This method is premised on the assumption that the taxpayer has disposed of unreported income by depositing part of it into bank accounts and by making cash expenditures of the other part. 2(...continued) 164(f)(1) self-employment income tax deduction was not applicable in 1989. Social Security Amendments of 1983, Pub. L. 98-21, sec. 124(d)(2), 97 Stat. 91.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011