- 9 - book in support of the summary profit-and-loss statement. Even by the end of the trial, the only record that either brother produced to prove any item of the partnership’s income and expenses for the 1998 tax year remained that same profit-and-loss statement. Lok claims, and we believe, that he paid Chinese taxes on the partnership income, but Yung didn’t submit any Chinese tax returns--or any other records for that matter--into evidence. We do find that the primary reason there is so little in the way of documentation is that all the records were destroyed in 1999. The Chong brothers--particularly Lok, since he was the onsite manager of Gourmet Down Under--should have tried to salvage or reconstruct what records he could. See, e.g., Cox v. Commissioner, T.C. Memo. 1980-244. This sort of “reasonable reconstruction” is always a good practice, and it is required for expenses (like the travel expenses that the partnership claimed) subject to section 274's limitations. Sec. 1.274-5T(c)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46022 (Nov. 6, 1985); see Seckel v. Commissioner, T.C. Memo. 1974-170. We have not seen any evidence of any such reconstruction by either Yung or Lok; we therefore are unable to apply such a defense to this case. The lack of records--compounded by the absence of any testimony by Lok about any specific items of income or loss--Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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