- 7 - however, "We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit." Crain v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984). (A) Arbitrariness of respondent's determinations in notice of deficiency Petitioner repeatedly claims that respondent's notice of deficiency was "arbitrary, capricious, and without foundation". Generally, the notice of deficiency is presumed correct, and the taxpayer carries both the burden of proof and the burden of going forward with evidence. Dellacroce v. Commissioner, 83 T.C. 269, 280 (1984). When a taxpayer establishes that a statutory notice is arbitrary or without foundation, however, the Commissioner bears the burden of going forward with evidence. Alanis v. Commissioner, T.C. Memo. 1995-263. The cases dealing with arbitrary determinations, however, involve issues of omitted income, where the Commissioner failed to introduce any substantive evidence indicating that the taxpayer had received income as determined in the notice of deficiency. E.g., Weimerskirch v. Commissioner, 596 F.2d 358 (9th Cir. 1979), revg. 67 T.C. 672 (1977). In this case, respondent's determination was based upon petitioner's failure to establish that he is entitled to claimed deductions.Page: 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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