Richard D. Irving and Cynthia A. Burrough Irving - Page 5

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               In August of 2003, Revenue Agent Fabian A. Gomez commenced             
          an examination of petitioners’ 2001 and 2002 tax returns.                   
          Petitioners were unable to produce any business records or                  
          substantiating documents, and, therefore, Agent Gomez used the              
          bank statements to reconstruct petitioners’ income.  Agent Gomez            
          determined petitioners’ gross receipts for the years in issue by            
          subtracting the deposits that he was able to identify as                    
          nontaxable, such as loan proceeds and transfers from other bank             
          accounts maintained by petitioners (transfers), from the                    
          aggregate deposits for each year.  Petitioners were given the               
          opportunity to but did not identify on the bank statements the              
          business expenses for which they claimed deductions.  Agent                 
          Gomez, therefore, relied on his own review of the bank statements           
          to identify business-related payments, which he allowed as                  
          business expense deductions for the years in issue.                         
               On October 15, 2004, respondent issued petitioners a                   
          statutory notice of deficiency with respect to their 2000 and               
          2001 tax years.  Respondent determined that petitioners                     
          understated their gross receipts for the 2000 tax year by $37,634           
          and for the 2001 tax year by $47,207.2  For both the 2000 and               

               2Respondent determined the $37,634.02 understatement of                
          gross receipts for petitioners’ 2000 tax year by subtracting                
          gross receipts as reported by petitioners ($77,894) from gross              
          receipts as determined by Agent Gomez ($115,528.02).  Similarly,            
          respondent determined the $47,207.73 understatement of gross                
          receipts for petitioners’ 2001 tax year by subtracting gross                
                                                             (continued...)           





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