- 84 - 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 thePage: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
Last modified: May 25, 2011