- 12 - received $20,000 is based on Cortez's counting of his own two bundles. In this case of illegal unreported income, respondent must establish that the deficiency determination is supported by a proper foundation of substantive evidence. Weimerskirch v. Commissioner, 596 F.2d 358, 362 (9th Cir. 1979), revg. 67 T.C. 672 (1977). Respondent cannot rely on the presumption of correctness of the notice of deficiency and must offer evidence linking the taxpayer to the activity. Id. Cortez's testimony links petitioner to the thefts during 1986, and those thefts provide the likely source for the unreported income that we determine below. See Adamson v. Commissioner, 745 F.2d 541, 547 (9th Cir. 1984), affg. T.C. Memo. 1982-371. Petitioners argue that Cortez's testimony is not reliable because Cortez is required to testify for the Government under the terms of his plea bargain. Petitioners also point to Cortez's admissions at trial of his falsifying numerous police reports and perjuring himself during prior court appearances. Nonetheless, Cortez's testimony is not improbable, and it is corroborated by the evidence of petitioners' cash deposits and expenditures. In 1986, petitioners made unexplained cash deposits totaling $23,150 and cash expenditures totaling $22,631.80. Petitioners claim that they had a cash hoard that was the source for cash deposits and expenditures during 1986. TheyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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