Estate of Leon Spear, Deceased, Jeannette Spear, Harvey Spear, and Robin Spear, Administrators, and Jeannette Spear - Page 12

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          that they had no cash on hand on January 1, 1975, was not                   
          warranted.                                                                  
               Petitioners’ arguments miss the mark.  The issue is not                
          whether respondent's investigation of the case was flawless                 
          (although we have concluded that it was legally sufficient in all           
          respects, Estate of Spear v. Commissioner, T.C. Memo. 1996-137,             
          slip op. at 11-12), or whether petitioners had evidence                     
          supporting their position.  Instead, the issue is whether                   
          respondent had a basis in fact for the position in the notice of            
          deficiency.  As stated above, we find that respondent did.                  
               Petitioners contend that Thomas v. Commissioner, 232 F.2d              
          520, 523 (1st Cir. 1956) (Commissioner may not determine that               
          there is no cash on hand at the beginning of a specified period             
          merely because the taxpayer makes no affirmative showing to the             
          contrary), revg. and remanding T.C. Memo. 1955-46, governs this             
          case.  We disagree.  Section 7430 was not an issue in Thomas.  As           
          stated above, respondent had a basis in fact for determining that           
          the decedent and Mrs. Spear had no cash on hand at the beginning            
          of the net worth period.                                                    
               Petitioners contend that respondent had no basis in fact               
          for the determination because Trepple testified that the decedent           
          and Mrs. Spear had a very good paper trail.  We disagree.  They             








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