- 14 - income to petitioner, even though he was married in 1983, does not make the deficiency notice arbitrary or unreasonable. By virtue of petitioner's failure to file the Federal return, respondent issued a deficiency notice without information as to petitioner's 1983 marital status. Petitioner appears to suggest that the proof of claim that was filed in the bankruptcy court somehow limits the amount of tax owed by petitioner, and, therefore, the deficiency notice is arbitrary and unreasonable. However, our review of the proof of claim indicates that as of December 17, 1984, petitioner owed a penalty of $520, interest of $153.49, and that no income tax had been assessed. The proof of claim is irrelevant to this proceeding. Further, petitioner's argument that the alleged IRS reputation for mistakes is a basis for determining that the notice of deficiency is arbitrary and unreasonable is without merit. Turning to petitioner's argument regarding the foundational proof required of respondent, the U.S. Court of Appeals for the Ninth Circuit, the court to which an appeal in this case would lie, requires that respondent come forward with some substantive evidence establishing a minimal evidentiary foundation for her determination that the taxpayer received unreported income beforePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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