David White - Page 6

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               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 this                       




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