Luis Acle, Jr. - Page 11

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               As a general rule, a taxpayer bears the burden of proving the          
          Commissioner’s determinations in a notice of deficiency to be in            
          error.  Rule 142(a).2  Certain courts have recognized a limited             
          exception to the general rule where the notice of deficiency                
          determines that the taxpayer failed to report income.  Llorente v.          
          Commissioner, 649 F.2d 152, 156 (2d Cir. 1981), affg. in part and           
          revg. in part 74 T.C. 260 (1980); Weimerskirch v. Commissioner,             
          596 F.2d 358 (9th Cir. 1979), revg. 67 T.C. 672 (1977).  In such            
          circumstances, the Commissioner must come forward with evidence             
          establishing a minimal foundation, which may consist of evidence            
          linking the taxpayer with an income-producing activity.  Petzoldt           
          v. Commissioner, supra at 689.  In the present case, petitioner             
          does not dispute that he received income with respect to the                
          relevant business activities.                                               
               Petitioner argues that respondent’s determination concerning           
          the receipt of unreported income is in error.  To this effect,              
          petitioner argues that he                                                   
               received a certain amount of money as compensation for my              
               services.  I acknowledged that, and that was reported.  There          
               are additional amounts that were third party expenses that             
               had nothing to do with me for which I was nonetheless                  
               responsible.  There were a number of deposits that were made           
               from one account to another, primarily because the expenses,           

          2Sec. 7491(a), which shifts the burden of proof to the                      
          Commissioner under certain circumstances, does not apply with               
          respect to any factual dispute in this case because petitioner              
          did not keep adequate books and records and did not meet                    
          statutory substantiation requirements.  Sec. 7491(a)(2)(A) and              
          (B).                                                                        





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