Warren R. Ketler - Page 10




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               1.  Income Reported on Information Returns                             
               The Commissioner may properly reconstruct a taxpayer's                 
          income from third-party payers’ reports, such as Forms 1099-                
          MISC.4  See Parker v. Commissioner, 117 F.3d 785 (5th Cir. 1997);           
          Andrews v. Commissioner, T.C. Memo. 1998-316; White v.                      
          Commissioner, T.C. Memo. 1997-459.  In this case we conclude that           
          petitioner received the amounts of income reported to respondent            
          in the Forms 1099-MISC as payments to California Barbecue for the           
          years in issue.  The evidence suggests that this income                     
          represents amounts paid for large-volume food catering services             
          provided by petitioner.  Petitioner, however, did not provide any           
          information about California Barbecue or its operations, income             
          or expenses to respondent or the Court.  Thus, while petitioner             

               4 Although neither party has raised the issue, we note that            
          sec. 6201(d), as amended by the Taxpayer Bill of Rights 2, Pub.             
          L. 104-168, sec. 602(a), 110 Stat. 1452, 1463 (1996), was                   
          effective as of July 30, 1996.  Sec. 6201(d) provides that if the           
          taxpayer, in a court proceeding, asserts a reasonable dispute               
          with respect to the income reported on an information return, and           
          fully cooperates with the Commissioner, then the Commissioner               
          shall have the burden of producing reasonable and probative                 
          information in addition to the information return.                          
               Even if petitioner had advanced that argument, we would                
          conclude he had not asserted a reasonable dispute with respect to           
          any item of income reported on an information return.  He did not           
          file a Federal income tax return, nor did he offer testimony                
          indicating that he did not receive those items of income reported           
          on the Forms 1099-MISC.  Nor, for that matter, did he deny                  
          receiving the amounts deposited in the Great Western Bank.                  
          Additionally, sec. 6201(d) would not be applicable because                  
          petitioner offered no evidence that he fully cooperated with                
          respondent.  To the contrary, the record amply demonstrates his             
          failure to cooperate, including his failure to provide access to            
          documents within his control.  We hold that petitioner retained             
          the burden of proof as to the taxability of the income revealed             
          in the Forms 1099-MISC.  Cf. Parker v. Commissioner, 117 F.3d 785           
          (5th Cir. 1997).                                                            

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