- 5 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011