-12- 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 reconstructedPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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