Bradley G. Bjelk - Page 11

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          delivered summonses or engaged in some other income-producing               
          activity in 1993.  In the absence of any evidence that petitioner           
          was engaged in income-producing activity beyond his work for                
          Cantel Communications, respondent has not demonstrated any                  
          factual predicate for the unreported income of $35,873 in 1993,             
          and accordingly the determination thereof is not presumptively              
          correct.                                                                    
               Having decided that the notices of deficiency, with one                
          exception, are presumptively correct, we turn now to an                     
          evaluation of the evidence pertaining to the disputed amounts of            
          unreported income in each year.  The deficiency notices state               
          that petitioner's unreported income was computed "using                     
          reasonable estimates based on known sources of income".  While              
          the notices make no reference to the Bureau of Labor Statistics             
          (BLS), respondent asserts on brief that petitioner's unreported             
          income in each year was reconstructed through the use of BLS                
          data.  Respondent cites Giddio v. Commissioner, 54 T.C. 1530,               
          1533 (1970), where we approved the use of BLS statistics to                 
          reconstruct income, for the proposition that it is not "arbitrary           
          for the Commissioner to determine that the taxpayer had income at           
          least equal to the normal cost of supporting his family."  Based            
          on this reliance on Giddio, and in the absence of any further               
          explanation of the BLS computation, respondent's position appears           
          to be that BLS data were used in the deficiency notices to                  
          establish petitioner's normal cost of living; i.e., that the                




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