Ragnhild A. Westby - Page 84

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          returns is a basis for imposing the addition to tax under section           
          6653(a).                                                                    
               It is well established that a taxpayer’s failure to keep               
          records is a basis for imposing the addition to tax under section           
          6653(a).  See, e.g., Taylor v. Commissioner, T.C. Memo. 1988-389,           
          affd. without published opinion 887 F.2d 259 (lst Cir. 1989).  As           
          numerous cases have illustrated, however, the IRS and taxpayers             
          can often differ regarding what constitutes a failure to keep               
          records sufficient to support liability under section 6653(a).              
          Section 1.6001-1, Income Tax Regs., provides:                               
               any person subject to tax under subtitle A of the Code                 
               (including a qualified State individual income tax                     
               which is treated pursuant to section 6361(a) as if it                  
               were imposed by chapter 1 of subtitle A), or any person                
               required to file a return of information with respect                  
               to income, shall keep such permanent books of account                  
               or records, including inventories, as are sufficient to                
               establish the amount of gross income, deductions,                      
               credits, or other matters required to be shown by such                 
               person in any return of such tax or information.                       
          Respondent contends that the cited regulation required petitioner           
          to maintain “adequate accounting records”.  He supports his                 
          argument by focusing primarily on one exhibit introduced into               
          evidence by petitioner and generally disparaging petitioner’s               
          records.  Although petitioner chose not to file a posttrial                 
          brief, she adamantly asserted at trial that she maintained                  
          voluminous records and that, while the records were not formal or           
          perfect, they were routinely maintained in an organized form,               
          were produced to the accountant who prepared her returns for the            





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