- 11 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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