- 7 - burden rests with petitioners to demonstrate that respondent's determinations are erroneous. Rule 142(a). A rare exception to this rule is where the Commissioner, in a case involving unreported income, introduces no evidence but rests on the presumption of correctness and the taxpayer challenges the deficiency on the grounds that it is arbitrary. Schad v. Commissioner, 87 T.C. 609, 618 (1986), affd. without published opinion 827 F.2d 774 (11th Cir. 1987). The Commissioner in these circumstances must show some minimal evidentiary foundation connecting the taxpayer to an income- producing activity or to the funds. Edwards v. Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982), affg. an Order of this Court; Weimerskirch v. Commissioner, 596 F.2d 358, 361-362 (9th. Cir. 1979), revg. 67 T.C. 672 (1977). Whether or not respondent has substantiated her determination of unreported income with this evidentiary foundation will be discussed as the issue is addressed for each petitioner. Petitioners in these cases rely heavily on their own testimony. We found some of petitioners' testimony to be general, vague, conclusory, and/or questionable in certain material respects. Under the circumstances presented here, we are not required to, and generally do not, rely on petitioners' testimony to sustain their burden of establishing error in respondent's determinations. See Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; GeigerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011