- 32 - (9th Cir. 1984), affg. T.C. Memo. 1982-666; Edwards v. Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982); Weimerskirch v. Commissioner, 596 F.2d 358, 360-361 (9th Cir. 1979) ("the Commissioner must offer some foundational support for the deficiency determination before the presumption of correctness attaches to it"), revg. 67 T.C. 672 (1977). Once the Government has carried its initial burden of introducing some minimal evidence linking the taxpayer with income-producing activity, the burden shifts to the taxpayer to rebut the presumption by establishing by a preponderance of the evidence that the deficiency determination is arbitrary or erroneous. Rapp v. Commissioner, supra at 935; Adamson v. Commissioner, 745 F.2d 541, 547 (9th Cir. 1984), affg. T.C. Memo. 1982-371; United States v. Stonehill, 702 F.2d 1288, 1294 (9th Cir. 1983). Respondent has established petitioners' connection with an income-producing activity, such as the restaurant, rental property, the lending of money, and the sale of real estate. Therefore, petitioners bear the burden of proving that respondent erred. Section 6001 requires all taxpayers to maintain adequate books and records of taxable income. In the absence of adequate records, the Commissioner is authorized to reconstruct a taxpayer's income by any reasonable method that clearly reflects the taxpayer's income. Sec. 446(b); Holland v. United States, 348 U.S. 121, 130-132 (1954); Cracchiola v. Commissioner, 643Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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