- 9 - see Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).9 We find all of petitioner's arguments regarding who has the burden of proof to be without merit. For example, petitioner contends that the notice is arbitrary. The only argument that petitioner advances in support of that contention is that respon- dent's concession of certain determinations in the notice renders the notice arbitrary as to the remaining determinations therein. We reject that contention. See United States Holding Co. v. Commissioner, 44 T.C. 323, 328 (1965). We also reject peti- tioner's contention that, in an unreported income case such as the instant case, the burden of proof shifts to respondent merely because, if it does not, petitioner would be required to prove a negative. See Rule 142(a); Rapp v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985), affg. an Order of this Court.10 The Income Allegedly Paid to and/or Earned by Mr. Hardy During the Years at Issue Respondent has presented evidence establishing that during 9 On the record before us, our findings with respect to whether Mr. Hardy has income for the years at issue would remain the same regardless who bears the burden of proof on that question. 10 On the instant record, we find that respondent has come forward with substantive evidence establishing an evidentiary foundation for respondent's determinations in the notice that Mr. Hardy has income for 1984 and 1985. See Rapp v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985), affg. an Order of this Court; Weimerskirch v. Commissioner, 596 F.2d 358, 360 (9th Cir. 1979), revg. 67 T.C. 672 (1977).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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