- 9 - Respondent used the source and application of funds method to reconstruct petitioner’s income.8 Respondent’s analysis showed that the excess of petitioner’s application of funds over his known sources of income in 1995 was $64,327, as compared to reported gross receipts of $12,652. Respondent’s analysis showed that the excess of petitioner’s application of funds over his known sources of income in 1996 was $40,562, as compared to reported gross receipts of $37,311. In addition, respondent adduced evidence at trial that establishes the following. An agent of respondent conducted an examination of petitioner’s 1995 and 1996 taxable years. At the time of the examination, petitioner had conducted a construction business for at least 9 years, which served as his primary source of income. While petitioner was able to substantiate some expenses of his income-producing activities in 1995 and 1996, he failed to maintain or submit for examination by respondent books and 8 The source and application of funds method of proof has been accepted by this Court as an appropriate method for the Commissioner to reconstruct the income of a taxpayer whose records are inadequate. See, e.g., DeVenney v. Commissioner, 85 T.C. 927 (1985). The Court of Appeals for the Seventh Circuit, to which an appeal in this case lies barring stipulation to the contrary, has likewise upheld the cash expenditures method, a reconstruction method very similar to the source and application of funds method. See, e.g., United States v. Marrinson, 832 F.2d 1465, 1469-1470 (7th Cir. 1987); cf. Hall v. Commissioner, T.C. Memo. 1996-27 (discussing distinction between cash expenditures and source and application of funds methods).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