- 8 - As is the case here, the taxpayers in Parker failed to file income tax returns for the years in issue, yet relied upon the Portillo cases for the proposition that the normal presumption of correctness should not apply to the notices of deficiency because the Commissioner's determinations of unreported income were based upon Forms 1099 and W-2. In rejecting this argument and affirming this Court's dismissal of the taxpayers' case for failure to state a claim upon which relief can be granted, the Court of Appeals distinguished the Portillo cases as follows: In Portillo, the IRS issued a notice of deficiency when it discovered that the taxpayer had reported substantially less income from a particular payor than that payor had reported in its Form 1099. We found that the Commissioner "arbitrarily decided to attribute veracity to [the third-party payor] and assume that [the taxpayer's] Form 1040 was false." [Portillo v. Commissioner, 932 F.2d at 1134.] In Portillo, the Commissioner's determination was arbitrary because the Commissioner offered no factual basis for accepting one sworn statement, the Form 1099, while rejecting another sworn statement, the taxpayer's Form 1040. Portillo did not hold that the IRS must conduct an independent investigation in all tax deficiency cases. In this case, the Commissioner has not arbitrarily found the third-party forms credible: the Parkers never filed a Form 1040 or any other document in which they swore that they did not receive the payments in question. The Commissioner has no duty to investigate a third-party payment report that is not disputed by the taxpayer. Parker v. Commissioner, 117 F.3d at 786-787. We note that the Court of Appeals concluded its opinion by imposing a penalty of $2,000 against the taxpayers for bringing a frivolous appeal.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011