Thomas L. Hobart - Page 7

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            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.  Because                                 




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