- 4 - 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 businessPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007