Willie D. and Gabriela Irene Outlaw - Page 5




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          presumed correct, and taxpayers have the burden of proving that             
          the determinations are incorrect.  Rule 142(a); Welch v.                    
          Helvering, 290 U.S. 111, 115 (1933).  Under certain                         
          circumstances, however, section 7491(a) may shift the burden to             
          the Commissioner with respect to a factual issue affecting                  
          liability for tax.  Petitioners did not present evidence or                 
          argument that they satisfied the requirements of section 7491(a).           
          Therefore, the burden of proof does not shift to respondent.                
               Taxpayers are required to maintain records that are                    
          sufficient to enable the Commissioner to determine the correct              
          tax liability.  See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.           
          When a taxpayer fails to keep records, or the records of income             
          are inadequate, the Commissioner may calculate the taxpayer’s               
          income in any manner that clearly reflects the income.  Sec.                
          446(b); Meneguzzo v. Commissioner, 43 T.C. 824, 831 (1965).  The            
          Commissioner’s method of reconstructing a taxpayer’s income need            
          only be reasonable in the light of all the surrounding                      
          circumstances.  Schroeder v. Commissioner, 40 T.C. 30, 33 (1963).           
               Petitioner testified that he had no records of the business            
          because one of his sons moved back into the family home and                 
          “threw cardboard boxes and everything out and the receipts [sic]            
          that I had my taxes in, and I stated that to the Internal Revenue           
          examiner”.  The examiner testified that during the examination              
          petitioner described his landscaping business as a cash business            







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