- 10 - addition to the information return. See Hardy v. Commissioner, T.C. Memo. 1997-97. The income in question in this case was earned from Doug Priester in the form of a discount.2 Petitioner testified on cross-examination that his only relationship with Doug Priester was to buy insurance from him. Petitioner denied that the discount received from Mr. Priester was $3,577, but then admitted that he did not know the exact size of the discount, a tacit admission that there was a discount. Petitioner has not substantiated the size of the discount, but testified that he would have done so had he received a Form 1099 from Priester. Petitioner, as the purchaser of the insurance, presumably had within his control evidence concerning the insurance policies, such as the policies themselves, the price paid for them, and their fair market value. Petitioner failed to introduce such evidence or offer an explanation as to why he could not produce it. Cf. Schaeffer v. Commissioner, T.C. Memo. 1994-206, where the taxpayers failed to furnish any records or other information concerning unreported income in question, failed to show that the third-party information respondent used was unreliable or inaccurate, and did not deny that they received the income in question. This Court held that the taxpayers failed to show that the notice of deficiency was arbitrary, which 2 Petitioner does not argue, and the record does not support, that any discount received was a purchase discount.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011