Bradley G. Bjelk - Page 8

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          deductible expenses."  Petitioner has stipulated to most of the             
          specific items of income from identified sources as determined by           
          respondent.3  Petitioner also admits that he received unreported            
          income in some of the years, but in lesser amounts than                     
          determined by respondent, and denies receipt of unreported income           
          in others.  Petitioner contends that respondent's determinations            
          of unreported income are arbitrary and erroneous.                           
               In general, respondent's determinations in the notices of              
          deficiency are entitled to a presumption of correctness, and                
          petitioner has the burden of proving them incorrect.  Rule                  
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  However,             
          the determinations may lose their presumption of correctness if             
          they are arbitrary and erroneous.  Pittman v. Commissioner, supra           
          at 1317.  In order to maintain the presumption of correctness,              
          respondent's determinations need only have some minimal factual             
          predicate.  Id.  The determinations need only be rational, not              
          flawless, and to vitiate the presumption of correctness, a                  
          taxpayer must show that the determinations were arbitrary and               
          erroneous, not merely erroneous.  Id.  To establish the required            
          factual predicate, it is ordinarily sufficient for the                      
          Commissioner to show that the taxpayer was engaged in an income-            
          producing activity for each year in which it has been determined            

               3 With respect to respondent's determination of income from            
          real estate sales in 1989 and 1991, petitioner has stipulated               
          only to the amount of the gross sales proceeds in each                      
          transaction.                                                                




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