- 12 - Portillo v. Commissioner, supra, the Commissioner issued a notice of deficiency based on a Form 1099 filed with the Commissioner. The U.S. Court of Appeals for the Fifth Circuit held that the notice of deficiency was arbitrary because the Commissioner failed to show the requisite indicia that the taxpayer received unreported income, and the Commissioner knew that the employer who issued the Form 1099 to the taxpayer lacked records to support the amounts contained in the Form 1099. Id. at 1131, 1133-1134. Portillo is distinguishable from the instant case because here petitioner concedes that he received the �570,000 bank draft; respondent checked A.T.O.'s books and records, which did not show that A.T.O. had received the settlement, and petitioner was the last person to whom respondent could trace the settlement funds. We have considered the other cases that petitioner cites in his motion, reply to respondent's objection, and statement under Rule 50(c), including Sealy Power Ltd. v. Commissioner, supra, (we may shift burden to Commissioner if notice of deficiency is arbitrary); Powers v. Commissioner, 100 T.C. 457 (1993), affd. in part, revd. in part and remanded in part 43 F.3d 172 (5th Cir. 1995) (litigation costs awarded to taxpayer); and Durkin v. Commissioner, 87 T.C. 1329, 1402 (1986), affd. 872 F.2d 1271 (7thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011