- 6 - F.2d 358, 361 (9th Cir. 1979), revg. 67 T.C. 672 (1977). If the Commissioner fails to provide sufficient evidence, the deficiency determination is arbitrary, and the Commissioner will bear the burden of coming forward with evidence to establish the existence and amount of any deficiency. Jackson v. Commissioner, supra. Based on information reported on Forms 1099, respondent determined that in 1992 petitioners received income from several sources. Based on BLS data, respondent determined that in 1993 petitioners received self-employment income. We now address the validity of each of these determinations. A. 1992 Tax Year Respondent determined that during 1992 each petitioner received income from IRA distributions, self-employment, and interest, and that Mrs. Cujas received dividend income. These determinations were based on information reported on Forms 1099 issued by the payors. Mrs. Cujas conceded that during 1992 she received funds from the sources and in the amounts determined by respondent. She has failed to establish that these funds are excludable from her gross income. Accordingly, we hold that these funds are includable in her gross income. See secs. 61(a), 72, 408(d)(1). In his brief, Mr. Cujas conceded that during 1992 he received: (1) $25,623 from his IRA at the State Employees Credit Union; (2) $2,302 from Blue Cross/Blue Shield of North Carolina;Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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