- 12 - 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. TheyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011