- 21 - T.C. Memo. 1997-6; Senter v. Commissioner, T.C. Memo. 1995- 311. On rare occasions, when such a minimal evidentiary foundation for the deficiency determination is not present, this and other courts have not given effect to the presumption of correctness and have shifted the burden of going forward with the evidence from the taxpayer to the Commissioner on the ground that the notice of deficiency is arbitrary, i.e., without rational foundation in fact, or excessive. See Llorente v. Commissioner, 649 F.2d 152 (2d Cir. 1981), affg. in part, revg. in part, and remanding 74 T.C. 260 (1980); Weimerskirch v. Commissioner, supra; Dellacroce v. Commissioner, 83 T.C. 269 (1984); Jackson v. Commissioner, 73 T.C. 394 (1979). This is not such a case. In this case, there is ample evidence linking petitioner to the funds which form the basis of the deficiency. Petitioner controlled and signed checks drawn on H&B's bank accounts at First Interstate and Community Bank, and H&B's drivers gave petitioner the cash and cashier's checks they received from Trans State. Thus, we find no basis to conclude that the notice of deficiency is arbitrary or without foundation. Accordingly, petitioners bear the burden of proving that respondent's determinations are erroneous. See Rule 142(a).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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