- 9 - We turn now to respondent's reconstruction of petitioner's income by use of BLS statistics. Where a taxpayer has not filed a tax return, respondent may reconstruct the taxpayer's unreported income. Holland v. United States, 348 U.S. 121 (1954). The reconstruction of income need only be reasonable in light of all surrounding facts and circumstances. Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970). Petitioner invoked the jurisdiction of this Court but at trial did not produce evidence to rebut the fact that he had sources of income during 1993 and 1994. Petitioner possessed records that he believed would show that he was not obligated for tax, but he declined and refused to show those records. A blanket invocation of the Fifth Amendment privilege is simply not a substitute for relevant evidence. United States v. Rylander, 460 U.S. 752 (1983); Petzoldt v. Commissioner, 92 T.C. 661, 687- 688 (1989). This Court has observed that A valid assertion of the privilege against self- incrimination, however, is not a "substitute for evidence that would assist in meeting a burden of production," for to adopt such a view "would convert the privilege from the shield against compulsory self- incrimination which it was intended to be into a sword whereby a claimant asserting the privilege would be freed from adducing proof in support of a burden which would otherwise have been his." * * * [Petzoldt v. Commissioner, supra at 684-685 (quoting United States v. Rylander, supra at 758).] The uncontroverted evidence produced by respondent and petitioner's testimony shows that petitioner did earn incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011