Doyle A. King - Page 13

                                       - 13 -                                         
          petitioners' own doing, due to their hit or miss approach for               
          presenting evidence in this case.                                           
               We also note that the "corrected" 1991 Form 1041 for the               
          Delta Valley Realty Trust reported gross income of $202,454, an             
          indication that petitioners' real estate activities continued               
          to generate substantial sums for that year, at least.                       
               As previously stated, respondent filed an amended answer,              
          in which increased deficiencies are asserted. These increased               
          deficiencies constitute new matters, as to which respondent has             
          the burden of proof. Rule 142(a); Achiro v. Commissioner, 77                
          T.C. 881, 890 (1981).                                                       
               Respondent argues that the theory that was essentially                 
          relied upon in determining the original deficiencies was relied             
          upon in arriving at the increased deficiencies. Accordingly,                
          respondent argues that she has sustained her burden of proof as             
          to the new matters through the "same theory" approach and                   
          through the testimony of a revenue agent who prepared the                   
          revised revenue agent's report upon which respondent's                      
          increased deficiency figures are based. Insofar as the asserted             
          increased deficiencies are based upon CPI extrapolations, we do             
          not agree with respondent. Respondent cites no authority to                 
          support her position, and we know of none.                                  
               The presumption of correctness in favor of the                         
          Commissioner is a procedural device that requires the taxpayer              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011