- 6 - It is well settled that determinations made by the Commissioner in a notice of deficiency normally are presumed to be correct, and the taxpayer bears the burden of proving that those determinations are erroneous. Rule 142(a); INDOPCO Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933). In addition, this Court ordinarily will not look behind a notice of deficiency to examine the evidence used or the propriety of the Commissioner's motives or conduct in determining the deficiency. Riland v. Commissioner, 79 T.C. 185, 201 (1982); Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324, 327 (1974). A recognized exception to the general rule that the Commissioner's determination is presumed to be correct arises in cases involving unreported income where the taxpayer challenges the notice of deficiency on the grounds that it is arbitrary and the Commissioner fails to substantiate the determination with predicate evidence. Sealy Power, Ltd. v. Commissioner, 46 F.3d 382, 386 (5th Cir. 1995), affg. in part, revg. in part and remanding in part T.C. Memo. 1992-168; Portillo v. Commissioner, 932 F.2d at 1133. Petitioner contends that, in an unreported income case such as this case, respondent's reliance on information reported to respondent by third-party payors on Forms 1099, standing alone, does not provide the predicate evidence necessary to substantiate respondent's determinations. In conjunction with thisPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011