- 10 - to support a finding that any part of the activity in question was that of L.V. Properties, Inc., or that Omnitec Nevada was engaged in any business activity. The Court, therefore, sustains respondent’s determination that the trade or business activity was that of petitioner Omnitec Missouri. The second issue is whether respondent properly determined the income of petitioner, Omnitec Missouri, using the bank deposits analysis method, the results of which are outlined above. The bank deposits analysis method is an accepted method of income determination where books and records are either not maintained by a taxpayer, or where the taxpayer refuses to produce books and records. Taxpayers are required under section 6001 to keep such records as may be required to sufficiently establish gross income. Anson v. Commissioner, 328 F.2d 703, 705 (10th Cir. 1964), affg. Bassett v. Commissioner, T.C. Memo. 1963-10. If a taxpayer either fails to keep the required records, or if the records do not clearly reflect income, the Commissioner is authorized under section 446(b) to reconstruct income by a method which clearly reflects income. Anson v. Commissioner, supra; Sutherland v. Commissioner, 32 T.C. 862 (1959). The bank deposits method is an acceptable method of reconstructing income and may be used to establish the correct amount of income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011