Mike Wellman <irsfixer[at]aol.com> wrote:
- quote -

It might go a long way in supporting a claim that you
were mentally incapable of filing a tax return.

Dick

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Mike Wellman wrote:
- quote -

No, but now I'm hoping the OP will fill in some more details as to what
the issue or situation is, to allow more helpful responses.

-Mark Bole

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On Aug 11, 3:00�pm, rdad...[at]panix.com (Dick Adams) wrote:
- quote -

So if I give the IRS a box containing an old set of encyclopedias and
some vintage 33rpm's - that will not work?

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Benjamin Yazersky CPA wrote:
- quote -

definition of books and then point you to Sec. 6001. In addition,
there are many court decisions that have expanded on this. Just
search for decisions referring sections 441 and/or 6001.

Sec. 1.441-1(b)(7) Books.
Books include the taxpayer's regular books of account and such
other records and data as may be necessary to support the entries
on the taxpayer's books and on the taxpayer's return, as for
example, a reconciliation of any difference between such books
and the taxpayer's return. Records that are sufficient to reflect
income adequately and clearly on the basis of an annual
accounting period will be regarded as the keeping of books. See
section 6001 and the regulations thereunder for rules relating to
the keeping of books and records.

IRC Sec. 6001:
Every person liable for any tax imposed by this title, or for the
collection thereof, shall keep such records, render such
statements, make such returns, and comply with such rules and
regulations as the Secretary may from time to time prescribe.
Whenever in the judgment of the Secretary it is necessary, he may
require any person, by notice served upon such person or by
regulations, to make such returns, render such statements, or
keep such records, as the Secretary deems sufficient to show
whether or not such person is liable for tax under this title.
The only records which an employer shall be required to keep
under this section in connection with charged tips shall be
charge receipts, records necessary to comply with section
6053(c), and copies of statements furnished by employees under
section 6053(a).

Sec. 1.6001-1 Records.
(a) In general.
Except as provided in paragraph (b) of this section, any person
subject to tax under Subtitle A of the Code (including a
qualified State individual income tax which is treated pursuant
to section 6361(a) as if it were imposed by Chapter 1 of Subtitle
A), or any person required to file a return of information with
respect to income, shall keep such permanent books of account or
records, including inventories, as are sufficient to establish
the amount of gross income, deductions, credits, or other matters
required to be shown by such person in any return of such tax or
information.
(b) Farmers and wage-earners.
Individuals deriving gross income from the business of farming,
and individuals whose gross income includes salaries, wages, or
similar compensation for personal services rendered, are required
with respect to such income to keep such records as will enable
the district director to determine the correct amount of income
subject to the tax. It is not necessary, however, that with
respect to such income individuals keep the books of account or
records required by paragraph (a) of this section. For rules with
respect to the records to be kept in substantiation of traveling
and other business expenses of employees, see section 1.162-17.
(c) Exempt organizations.
In addition to such permanent books and records as are required
by paragraph (a) of this section with respect to the tax imposed
by section 511 on unrelated business income of certain exempt
organizations, every organization exempt from tax under section
501(a) shall keep such permanent books of account or records,
including inventories, as are sufficient to show specifically the
items of gross income, receipts and disbursements. Such
organizations shall also keep such books and records as are
required to substantiate the information required by section
6033. See section 6033 and sections 1.6033-1 through 1.6033-3.
(d) Notice by district director requiring returns statements, or
the keeping of records.
The district director may require any person, by notice served
upon him, to make such returns, render such statements, or keep
such specific records as will enable the district director to
determine whether or not such person is liable for tax under
Subtitle A of the Code, including qualified State individual
income taxes, which are treated pursuant to section 6361(a) as if
they were imposed by Chapter 1 of Subtitle A.
(e) Retention of records.
The books or records required by this section shall be kept at
all times available for inspection by authorized internal revenue
officers or employees, and shall be retained so long as the
contents thereof may become material in the administration of any
internal revenue law.

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Benjamin Yazersky CPA <byaz55[at]lycos.com> wrote:

- quote -

No, but a reasonable interpretation would be
a list of receipts and expenses.

Dick

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<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

Benjamin Yazersky CPA wrote:
- quote -

The IRS has Pub 552, "Recordkeeping for Individuals". Not exactly a
"definition", but something to go by.

-Mark Bole

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does anyone know of a definition of "books & records"
other than SEC requirements



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___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

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<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >