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