- 7 - Taylor, 293 U.S. 507 (1935); Welch v. Helvering, 290 U.S. 111 (1933).2 Where, however, the Commissioner’s determination concerns unreported illegal income, the Commissioner must offer some substantive evidence connecting the taxpayer to the income- producing activity before the Commissioner’s determination is afforded a presumption of correctness. Erickson v. Commissioner, 937 F.2d 1548, 1551 (10th Cir. 1991), affg. T.C. Memo. 1989-552; MacCracken v. Commissioner, T.C. Memo. 1993-376. In this case, respondent has amply demonstrated that petitioner possessed liquid assets, expended funds, and/or made substantial deposits in various bank accounts. This was shown by means of checks, issued in petitioner’s name or to cash, that were negotiated by petitioner and by corporate checks used to pay petitioner’s living expenses. In addition, petitioner stipulated that he was engaged in an income-producing activity. The Commissioner is entitled to reconstruct a taxpayer’s income by a reasonable method where the taxpayer fails to maintain adequate books and records. Sec. 446(b); Erickson v. Commissioner, supra at 1553; Parks v. Commissioner, 94 T.C. 654, 658 (1990). Petitioner has not shown or adequately argued that respondent’s method of reconstruction was unreasonable or in any 2 The audit of petitioner’s 1992 and 1993 income taxes commenced prior to July 22, 1998, the effective date of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685. Therefore, sec. 7491 is inapplicable to this proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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