Salaheddin Ahmad Ahmad - Page 12

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          Commissioner, 87 T.C. 609, 618 (1986), affd. without published              
          opinion 827 F.2d 774 (11th Cir. 1987); Llorente v. Commissioner,            
          supra at 264.                                                               
               In Portillo v. Commissioner, supra, the taxpayer was a                 
          painting contractor who received a Form 1099 (Miscellaneous                 
          Income) that he claimed was not correct.  Other than the                    
          uncorroborated testimony of a witness who testified that he had             
          paid the taxpayer the disputed amount of income, there was no               
          evidence supporting the Commissioner's determination.  The Court            
          of Appeals for the Fifth Circuit noted that, like this Court, it            
          is reluctant to look at the facts underlying the Commissioner's             
          notice of deficiency.  The Court of Appeals also held, however,             
          that it will "not give effect to the presumption of correctness             
          in a case involving unreported income if the Commissioner cannot            
          present some predicate evidence supporting its determination."              
          Id. at 1133.  More specifically, the Court of Appeals articulated           
          its rule as follows:                                                        
               before we will give the Commissioner the benefit of the                
               presumption of correctness, he must engage in one final                
               foray for truth in order to provide the court with some                
               indicia that the taxpayer received unreported income.  The             
               Commissioner would merely need to attempt to substantiate              
               the charge of unreported income by some other means, such as           
               by showing the taxpayer's net worth, bank deposits, cash               
               expenditures, or source and application of funds. * * *                
               [Id. at 1133-1134; emphasis added.]                                    
               In Senter v. Commissioner, supra, the Commissioner based her           
          determination solely on the assertion that the taxpayer filed no            
          returns for 1987 through 1991.  The Commissioner reconstructed              




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