- 11 - substantive evidence that the taxpayer received unreported income before she may rely on the presumption that her determination is correct. Delaney v. Commissioner, 743 F.2d 670, 671 (9th Cir. 1984), affg. T.C. Memo. 1982-666; Weimerskirch v. Commissioner, 596 F.2d 358, 360 (9th Cir. 1979), revg. 67 T.C. 672 (1977). Once the Commissioner has carried her initial burden of introducing some evidence linking the taxpayer with an income- producing activity, the burden is on the taxpayer to rebut the presumption by establishing by a preponderance of the evidence that the deficiency determination is arbitrary or erroneous. Rapp v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985). Peti- tioner argues that the deficiencies determined by respondent in her notice of deficiency are in fact arbitrary and excessive. There is no dispute that petitioner performed certain services for Dr. Chan, nor is there a dispute that Dr. Chan paid some money on account of the services petitioner performed. Peti- tioner's characterization of the determination as arbitrary is not sufficient to overcome the presumption of correctness. Id.; Petzoldt v. Commissioner, 92 T.C. 661, 690 (1989). Respondent, in the case herein, has come forward with sufficient evidence linking petitioners with unreported income; therefore, the burden is upon petitioners to establish that the deficiency determina- tion is arbitrary or erroneous. The record does not support a finding that petitioners have carried their burden with respect to this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011