Salaheddin Ahmad Ahmad - Page 13

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          the taxpayer's income for those years based on income he reported           
          in 1984, increased by the consumer price index.  There was no               
          evidence presented by either party regarding whether the taxpayer           
          had taxable income during the years in issue.  Because the                  
          Commissioner produced no predicate evidence supporting the                  
          determination, we found respondent's determination arbitrary and            
          erroneous.  Moreover, citing Portillo v. Commissioner, supra at             
          1133, we concluded that the rule in the Court of Appeals for the            
          Fifth Circuit, to which any appeal of Senter would lie, is that             
          once the presumption of correctness disappears, the Commissioner            
          bears the burden of proof.                                                  
               We think the facts of the instant case are distinguishable             
          from those of Portillo v. Commissioner, supra, and Senter v.                
          Commissioner, supra.  In both of those cases, the Commissioner              
          did not present predicate evidence in support of the                        
          determination that the taxpayer had unreported income.  In the              
          present case, however, the respondent substantiated the charge              
          with predicate evidence; she used the bank deposits and cash                
          expenditures method of income reconstruction.  Portillo v.                  
          Commissioner, supra at 1133-1134.  Thus, respondent's deficiency            
          determination was not arbitrary.  See also Blohm v. Commissioner,           
          994 F.2d 1542, 1549 (11th Cir. 1993), affg. T.C. Memo. 1991-636             
          (once the Tax Court has found the Commissioner has made a minimal           
          evidentiary showing, the deficiency determination is presumed               
          correct); Erickson v. Commissioner, 937 F.2d 1548, 1551 (10th               




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