- 7 - efficient than simply deciding the case on the evidence otherwise in the record. Under section 61, gross income includes "all income from whatever source derived." It is well established that stolen funds are includable in the year in which they are misappropriated. James v. Commissioner, 366 U.S. 213, 219-220 (1961); Lydon v. Commissioner, 351 F.2d 539, 545 (7th Cir. 1965), affg. T.C. Memo. 1964-27. As a general rule, petitioner has the burden of proving that respondent's determination is erroneous. Rule 142(a); Webb v. Commissioner, 872 F.2d 380, 381 (11th Cir. 1989), affg. T.C. Memo. 1988-80. In cases involving unreported income, the Court of Appeals for the Eleventh Circuit has stated that the deficiency determination must be supported by "some evidentiary foundation linking the taxpayer to the alleged income-producing activity." Blohm v. Commissioner, 994 F.2d 1542, 1549 (11th Cir. 1993) (quoting Weimerskirch v. Commissioner, 596 F.2d 358, 362 (9th Cir. 1979), revg. 67 T.C. 672 (1977)), affg. T.C. Memo. 1991-636. The required showing is minimal. Carson v. United States, 560 F.2d 693, 697 (5th Cir. 1977). The evidence here clearly connects petitioner to the receipt of funds diverted from Zebrowski. Thus, petitioner must show that the amount of unreported income determined by respondent is excessive. Petitioner argues that the indictment under which he was convicted related to activities during 1988 and 1989. BecausePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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