- 12 - has provided predicate evidence, corroborated by petitioner's own testimony, to demonstrate that petitioner received taxable income in 1988 and 1989 from his consulting practice. Accordingly, the presumption of correctness applies to respondent's CPI calculations with respect to these years, and petitioner bears the burden of proving them erroneous. Petitioner has failed to provide any credible evidence to carry his burden of proof with respect to these years. Consequently, we hold that petitioner is liable for the 1988 and 1989 deficiencies attributable to respondent's CPI calculations. Respondent has failed to provide predicate evidence, however, to establish that petitioner received income from his tax consulting practice, Executive Couriers, or Computers & Stuff during 1990, 1991, and 1992. Therefore, respondent's determinations relating to these years are arbitrary, and she bears the burden of proof. See, e.g., Senter v. Commissioner, T.C. Memo. 1995-311 (concluding that the Commissioner failed to provide predicate evidence to support her deficiency determinations based on CPI calculations). Respondent failed to present sufficient evidence that petitioner received income in these years. Accordingly, we conclude that petitioner is not liable for the alleged deficiencies relating to unreported income in 1990, 1991, and 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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