- 11 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011