-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