- 14 - to come forward with enough evidence to support a finding contrary to the Commissioner's determination. Rockwell v. Commissioner, 512 F.2d 882, 885 (9th Cir. 1975), affg. T.C. Memo. 1972-133. The Court of Appeals for the Ninth Circuit has characterized the burden of proof as a burden of persuasion. Id. In the case before us respondent's initial determinations, though based upon CPI extrapolations, are entitled to the presumption of correctness which petitioners have failed to overcome. They have failed to introduce any reliable evidence on the basis of which the Court could arrive at a conclusion as to their tax liabilities different from that determined by respondent (giving effect, of course, to certain concessions by respondent). The same may not be said of the increased deficiencies asserted in the amended answer. The CPI extrapolations, standing alone without the presumption of correctness that the deficiency notices afford are insufficient to satisfy respondent's burden of proof in this case. CPI extrapolations are, almost by definition, educated guesses which respondent may reasonably rely upon in deficiency notices under conditions similar to those in this case, which taxpayers may refute by introducing specific objective evidence showing the correct tax liability. But here respondent has the burden of proof as toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011