Eryck C. Aston - Page 8

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          290 U.S. 111, 115 (1933); Durando v. United States, 70 F.3d 548,            
          550 (9th Cir. 1995).                                                        
               In numerous motions, at trial, and on brief, petitioner                
          advanced shopworn arguments characteristic of tax-protester                 
          rhetoric that has been universally rejected by this and other               
          courts.  Wilcox v. Commissioner, 848 F.2d 1007 (9th Cir. 1988),             
          affg. T.C. Memo. 1987-225; Carter v. Commissioner, 784 F.2d 1006,           
          1009 (9th Cir. 1986).  We shall not painstakingly address                   
          petitioner’s assertions “with somber reasoning and copious                  
          citation of precedent; to do so might suggest that these                    


               2(...continued)                                                        
          Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982); see also Rapp            
          v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985).  Although               
          Weimerskirch was a case regarding illegal source income, it is              
          now well established that the Court of Appeals for the Ninth                
          Circuit applies the Weimerskirch rule in all deficiency cases               
          involving the receipt of unreported income.  See Edwards v.                 
          Commissioner, supra at 1270-1271; Petzoldt v. Commissioner, 92              
          T.C. 661, 689 (1989).  The Court of Appeals for the Ninth Circuit           
          has described the required evidentiary foundation as “minimal”.             
          Palmer v. IRS, 116 F.3d 1309, 1312-1313 (9th Cir. 1997).                    
               It is unclear whether Weimerskirch is applicable to the case           
          at bar.  See Rivera v. Commissioner, T.C. Memo. 2003-35                     
          (questioning whether Weimerskirch is applicable in the sec. 6330            
          context); Curtis v. Commissioner, T.C. Memo. 2001-308 n.2                   
          (questioning whether Weimerskirch has been legislatively                    
          overruled by Congress’s enactment of sec. 7491).  We note,                  
          however, that on the basis of the evidence presented at trial--             
          including petitioner’s testimony, Revenue Agent Bayles’s                    
          testimony, and the documentary evidence (including petitioner’s             
          tax returns for 1987, 1988, and 1989)--respondent presented                 
          adequate evidence connecting petitioner with an income-producing            
          activity.  Therefore, even if the Weimerskirch rule were                    
          applicable, respondent’s determination would be entitled to the             
          presumption of correctness.                                                 





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