- 24 - established unreported sales, the taxpayer has the burden of proving offsetting expenses with credible evidence. Id. Although used in appropriate cases--particularly by respondent where taxpayers have not filed income tax returns and have not maintained adequate books and records--general survey data may be rejected where taxpayers, as in the instant case, seek to use such data to overcome clear evidence of unreported income. [Id.; citations omitted.] Here, petitioners have not persuaded us that the ratio of net income to business receipts should apply to the unreported gross receipts of Sam Kong Fashions. We have found that respondent has proven by clear and convincing evidence that Sam Kong Fashions underreported its gross receipts. As noted in Schachter, the use of general data may be appropriate when the taxpayer did not file returns and failed to maintain books and records. Here, Sam Kong Fashions filed corporate income tax returns in 1994 and 1995 and reported more than $200,000 in deductions in each year at issue.16 Instead of offering credible evidence such as invoices, receipts, and other business records, petitioners rely on testimony and general statistical data to prove additional business expenses. Because the “inexactitude is 16 In support of this position, petitioners rely on Adair v. Commissioner, T.C. Memo. 2000-110, and the related case styled Houser v. Commissioner, T.C. Memo. 2000-111. We find Adair and Houser distinguishable from this case. Unlike Sam Kong Fashions, which claimed deductions on its 1994 and 1995 corporate income tax returns, the Commissioner’s determination in Adair and Houser did not allow for business expenses even though expenses “obviously were incurred in the roofing business”.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011