William A. Egan - Page 5

                                         -5-                                          
          did not think it necessary for petitioner to keep these records             
          because respondent had already audited petitioner’s gross                   
          receipts for 1992 through 1995 and those years had been settled.            
               Federal and State regulations required petitioner to keep              
          books and records for his business recording each gallon of the             
          approximately 40 million gallons that Egan Oil sold each year.              
          Petitioner had a system to track sales on a 3-day and a monthly             
          basis.  Several different taxing authorities examined                       
          petitioner’s records, including respondent as well as State sales           
          tax and excise tax authorities.                                             
               Petitioner’s accountant, Mr. Rabinowitz, was convicted in              
          1994 of conspiracy to defraud and impede the Internal Revenue               
          Service (IRS) and of filing a false income tax return.  Mr.                 
          Rabinowitz was imprisoned for approximately 3 years for these               
          crimes.  Petitioner was aware of the trial, conviction, and                 
          imprisonment of Mr. Rabinowitz, but he was not involved in the              
          crime or the criminal proceedings against Mr. Rabinowitz.                   
               Respondent examined petitioner’s return for 1998 and issued            
          petitioner a Notice of Deficiency dated December 16, 2003                   
          (deficiency notice), disallowing petitioner’s business bad debt             
          deduction attributable to Brooks Foods and determining that the             
          accuracy-related penalty should be imposed.3  Petitioner timely             
          filed a petition for review with this Court.                                


               3In the deficiency notice, respondent also disallowed                  
          petitioner’s net farm loss and reduced petitioner’s home mortgage           
          interest deduction.  Petitioner has conceded these adjustments.             
          Therefore, the only issues before us are the business bad debt              
          deduction and the accuracy-related penalty.                                 



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011