- NEXTRECORD - Normally, the Court does not look behind a notice of deficiency to examine the evidence used by the Commissioner in making the deficiency determinations. Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324, 327 (1974). However, whenever the notice of deficiency is found to be arbitrary, excessive, or without rational foundation, the burden of going forward with the evidence is borne by the Commissioner. Helvering v. Taylor, 293 U.S. 507 (1935). This exception to the general rule has been applied in cases involving unreported income from illegal activities. E.g., Dellacroce v. Commissioner, 83 T.C. 269, 287 (1984). Petitioners seek to invoke the foregoing exception to the general rule by arguing that respondent's deficiency determination for 1990 "is not supported by the proper foundation of substantive evidence". Weimerskirch v. Commissioner, 596 F.2d 358, 362 (9th Cir. 1979). However, for the following reasons, we do not think that such determination is "a 'naked' assessment without any foundation." See United States v. Janis, 428 U.S. 433, 441 (1976). First, 2 days after his criminal trial began, petitioner pleaded guilty to the charge that from "in or about June 1990 to in or about September 1990, within the Northern District of Alabama, * * * [petitioner] did unlawfully, knowingly and intentionally possess with the intent to distribute and distributed marijuana, a Schedule I controlled substance, inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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