Thomas L. and Laura L. Gordon - Page 12

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          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.  They                




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