- 8 - Commissioner, 43 T.C. 824, 831 (1965). When the Commissioner has evidence of taxable income but does not have information available to ascertain the amount of such income, the Commissioner may use BLS data to determine that the taxpayer had income at least equal to the normal cost of living. Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970). Prior to issuing notices of deficiency, respondent did not contact petitioners and did not obtain any evidence linking petitioners to an income generating activity relating to 1993. Nevertheless, respondent proceeded to use BLS data to reconstruct petitioners' 1993 income. Therefore, respondent's determinations relating to petitioners' 1993 tax years are arbitrary, and respondent bears the burden of coming forward with evidence to establish the existence and amount of any deficiency. Jackson v. Commissioner, supra at 401; cf. Giddio v. Commissioner, supra (holding that it is not arbitrary for the Commissioner to use BLS data to reconstruct a taxpayer's income when the Commissioner has evidence of taxable income). Respondent has failed to present sufficient evidence to establish the existence and amount of the deficiencies relating to 1993. Although Mr. Cujas testified that he was self-employed as a physical therapist during 1993, respondent has failed to establish the amount of funds that Mr. Cujas may have received during 1993 for such services. Therefore, respondent has failedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011