- 31 - also Estate of Mason v. Commissioner, 64 T.C. 651, 656 (1975), affd. 566 F.2d 2 (6th Cir. 1977). When a taxpayer fails to keep adequate books and records, the Commissioner is authorized to determine the existence and amount of the taxpayer’s income by any method that clearly reflects income. Sec. 446(b); Mallette Bros. Const. Co. v. United States, 695 F.2d 145, 148 (5th Cir. 1983); Webb v. Commissioner, 394 F.2d 366, 371-372 (5th Cir. 1968), affg. T.C. Memo. 1966-81; see also Holland v. United States, 348 U.S. 121, 131-132 (1954). The Commissioner’s reconstruction of a taxpayer’s income need only be reasonable in light of all surrounding facts and circumstances. Schroeder v. Commissioner, 40 T.C. 30, 33 (1963); see also Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970). The Commissioner is given latitude in determining which method of reconstruction to apply when taxpayers fail to maintain adequate books and records. Boyett v. Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg. a Memorandum Opinion of this Court dated Mar. 14, 1951; Kenney v. Commissioner, 111 F.2d 374, 375 (5th Cir. 1940), affg. a Memorandum Opinion of this Court dated July 28, 1938; Petzoldt v. Commissioner, 92 T.C. 661, 693 (1989). The method of reconstruction employed by the Commissioner is not invalidated solely because the Commissioner’s income determination may not be completely correct. DiLeo v. Commissioner, supra at 868; see also Marcello v. Commissioner, 380 F.2d 494, 497 (5th Cir. 1967),Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011