- 11 - supra at 1549; Erickson v. Commissioner, 937 F.2d 1548, 1551 (10th Cir. 1991). Once this minimal evidentiary showing has been made, the deficiency determination is presumed correct, and it becomes the taxpayer's burden to prove it erroneous. Blohm v. Commissioner, supra at 1549. Testimony of a taxpayer which is unsupported by documentary evidence may be insufficient to satisfy the taxpayer's burden. See Ghadiri v. Commissioner, T.C. Memo. 1996-528; Alvarez v. Commissioner, T.C. Memo. 1995-414. In Fitzpatrick v. Commissioner, T.C. Memo. 1995-548, the Court held that petitioner was collaterally estopped from denying his participation in the bribery scheme. Remaining in issue is the amount of unreported income he received in 1981 and 1982. We find that petitioner has not met his burden of proving that the amounts he directed Landing to deposit in the R&S and Pares Y Nones, S.A. accounts are not includable in his gross income. Further, petitioner has not proven that the repairs to his home which Landing paid for did not constitute income to him. Respondent argues that petitioner should include in income the deposits into the R&S and Pares Y Nones, S.A. accounts and that he exercised dominion and control over those accounts. We agree with respondent. All of the deposits to the R&S account came from the Bank's construction loan clients to whom petitioner rendered services, and all of the disbursements from the account were made by checks drawn on the account that were signed eitherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011