- 11 - expenses. Sec. 72(t)(2)(F); sec. 1.408A-6, Q&A-1(b), Income Tax Regs. The Forms 1099-R do not list petitioners’ contributions to their Roth IRAs and indicate that no known exception excluded the distributions from gross income. The 30-day letter, which was issued in August 2005, asked petitioners to establish that the distributions were nontaxable and to provide Forms 8606, which petitioners agreed to do. When petitioners failed to provide the Forms 8606 by January 2006, respondent was substantially justified in issuing the notice of deficiency. See Uddo v. Commissioner, T.C. Memo. 1998-276; sec. 301.7430-5(c)(1) and (h), Example 1, Proced. & Admin. Regs. Petitioners concede they had not yet provided the Forms 8606 when the notice was issued. But they contend that other documents in respondent’s possession, such as prior years’ tax returns and prior years’ Forms 5498, IRA Contribution Information,5 “showed that the distributions were qualified distributions, not income.” Petitioners are incorrect. Section 6001 requires a taxpayer to maintain records that are sufficient to enable the Commissioner to determine his or her correct tax liability. See also sec. 1.6001-1(a), Income Tax 5 A Form 5498, IRA Contribution Information, is issued by a third party that maintains a Roth IRA for the taxpayer. As its name suggests, the Form 5498 shows the amount of contributions the taxpayer made during the taxable year to the Roth IRA.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007