Terence M. Bennett - Page 14

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            received information concerning petitioner's 1987 taxable year                              
            and the possibility of omitted income from an antique automobile                            
            sale in that year.  It was this information, obtained after                                 
            execution of the relevant Form 872, that caused Revenue Agent                               
            Rigney to believe that a referral of petitioner's case to CID was                           
            appropriate, because petitioner then appeared to have a 2-year                              
            pattern of omitted income.                                                                  
                  Concerning the second requirement, even if petitioner had                             
            been affirmatively misled, he still has not shown the existence                             
            of any detrimental reliance on his part.  Kronish v.                                        
            Commissioner, supra at 695 & n.10.  Petitioner signed the Form                              
            872 expecting respondent to use this waiver for civil purposes,                             
            and that is all she ever used it for.  No criminal prosecution of                           
            petitioner has ever resulted from the investigation by the CID.                             
            Thus, we conclude that Mr. Asselin's execution of the Form 872 on                           
            February 16, 1993, was valid, and respondent is not estopped from                           
            relying on it.                                                                              
                  The second issue for decision involves the presumption of                             
            correctness.  Petitioner argues that the presumption of                                     
            correctness should not attach to respondent's deficiency notice                             
            in this case, because respondent did not present sufficient                                 
            evidence linking petitioner to the alleged unreported income.                               
            When a taxpayer contests a tax that has been determined by the                              
            Commissioner, the Commissioner's determination is generally                                 
            presumed correct, unless the taxpayer produces evidence                                     




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