- 6 - 858 (2d Cir. 1985), affg. in part and remanding Mandina v. Commissioner, T.C. Memo. 1982-34. Petitioner, however, argues that “there isn't any evidence at all that Respondent can furnish to prove that Petitioner made a single dollar from drug proceeds”, notwithstanding respondent's reliance on the plea agreement and the statement of facts.1 Since this case involves illegal unreported income, petitioner's assertion suggests that Llorente v. Commissioner, 649 F.2d 152 (2d Cir. 1981), affg. in part, revg. in part and remanding 74 T.C. 260 (1980),2 applies and requires respondent to satisfy the burden of coming forward with evidence linking petitioner to an income-producing activity. In the stipulation of facts, however, petitioner concedes that he spent the amounts specified for the listed property. Petitioner's concession necessarily acknowledges receipt of funds to purchase the listed property and eliminates any threshold requirement imposed by Llorente. See Tokarski v. Commissioner, 1 Petitioner also argues that he was assured that the plea agreement and the statement of facts would not be used against him in any other proceeding. This Court determined petitioner's argument to be without merit and denied his motion to dismiss for lack of jurisdiction on Apr. 15, 1993. We see no need to reconsider that decision. 2 In accordance with the doctrine of Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971), we would defer to Llorente v. Commissioner, 649 F.2d 152 (2d Cir. 1981), affg. in part, revg. in part and remanding 74 T.C. 260 (1980), if that case were applicable and this case were appealable to the Court of Appeals for the Second Circuit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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