- 14 - its income. Petitioners’ explanations of the understatements were implausible. Their practice of cashing checks at the Money Exchange instead of their bank concealed income from their accountant and respondent, and enabled them to deal in cash. Mr. Payne twice lied to respondent’s revenue agents when asked how the income from the extras was distributed. Respondent has shown clear and convincing evidence that petitioners filed their 1993, 1994, and 1995 returns with the intent to evade taxes. Therefore, the 3-year period of limitations under section 6501(a) does not apply to petitioners’ 1993, 1994, and 1995 years, and respondent is not barred from assessing any deficiencies in petitioners’ taxes for those years. III. Unreported Income in 1994 From HRDC If a taxpayer has not maintained business records or its business records are inadequate, the Commissioner is authorized to reconstruct the taxpayer’s income by any method that, in the Commissioner’s opinion, clearly reflects that taxpayer’s income. Sec. 446(b); Parks v. Commissioner, 94 T.C. at 658; A.J. Concrete Pumping, Inc. v. Commissioner, T.C. Memo. 2001-42. The Commissioner’s reconstruction need not be exact, but it must be reasonable. A.J. Concrete Pumping, Inc. v. Commissioner, supra. Respondent argues that petitioners received $222,735 in unreported income from HRDC in 1994. Respondent’s reconstruction of petitioners’ 1994 income is based on HRDC’s sales and extrasPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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