Robert C. Kolbeck - Page 11

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               The unexpected loss of records beyond the taxpayer’s control           
          does not preclude a taxpayer from substantiating deductions by              
          alternate means.  See Brown v. Commissioner, T.C. Memo. 1996-43             
          (“when a taxpayer’s records have been lost or destroyed through             
          circumstances beyond his control, he is entitled to substantiate            
          the deductions by reconstructing his expenditures through other             
          credible evidence”); 6 Administration, Internal Revenue Manual              
          (CCH), sec. 20.1.1.3.1.2.5, at 45,014 (Aug. 20, 1998).4  The most           

               4The Internal Revenue Manual contains the following                    
          instructions for evaluating a taxpayer’s inability to obtain                
          records as it bears on the taxpayer’s claim that he had                     
          reasonable cause for an underpayment:                                       
               (1) Explanations relating to the inability to                          
                    obtain the necessary records may constitute                       
                    reasonable cause in some instances, but may                       
                    not in others.                                                    
               (2) Consider the facts and circumstances relevant                      
                    to each case and evaluate the request for                         
                    penalty relief.                                                   
               (3) If the taxpayer was unable to obtain records                       
                    necessary to comply with a tax obligation,                        
                    the taxpayer may or may not be able to                            
                    establish reasonable cause.  Reasonable cause                     
                    may be established if the taxpayer exercised                      
                    ordinary business care and prudence, but due                      
                    to circumstances beyond the taxpayer’s                            
                    control they were unable to comply.                               
               (4) Information to consider when evaluating such                       
                    a request includes, but is not limited to an                      
                    explanation as to:                                                
                    •    Why the records were needed to                               
                         comply.                                                      
                                                             (continued...)           





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