Gerald J. and Gayle R. Martinez - Page 6

                                                  -6-                                                   
            without assessment, at any time."  Petitioners did not file a                               
            return for any of the years at issue.  Consequently, the respec-                            
            tive periods of limitations applicable to those years have not                              
            expired.                                                                                    
                  Petitioners also contend on brief:                                                    
                  The tax returns for petitioners for the years 1982-1987                               
                  were prepared by respondent using information summoned                                
                  from petitioners and produced by them under protest.                                  
                  The deficiencies claimed by respondent for the years                                  
                  1982-1987 are based on the records seized from peti-                                  
                  tioners.  Petitioners filed this appeal claiming the                                  
                  income attributed to them is not correct and that they                                
                  were not granted the benefit of proper deductions and                                 
                  various elections, especially filing status.  Petition-                               
                  ers contend that their records were seized in violation                               
                  of their right to privacy.  Indeed, if a citizen has a                                
                  right to privacy concerning sexual acts and the killing                               
                  of an unborn child, petitioners have the right to                                     
                  privacy with regard to their income.  Those records                                   
                  were used by respondent, despite petitioners' objec-                                  
                  tion, to * * * prepare tax returns.  Petitioners dis-                                 
                  agree with the content of those returns.  Petitioners                                 
                  have stated their objections.  Respondent listed the                                  
                  person who prepared the returns as a witness, but did                                 
                  not call him to testify.  There was no testimony or                                   
                  evidence introduced by respondent at the trial to                                     
                  substantiate income attributable to petitioners.  In                                  
                  the absence of such testimony or evidence, the court                                  
                  must conclude that there are no deficiencies.                                         
            We reject petitioners' position.  Petitioners have not submitted                            
            any evidence, such as the records which they provided to respon-                            
            dent, that supports their general and conclusory contention that                            
            respondent's income determinations, which they concede were based                           
            on those records, are in error.  Nor have petitioners supported                             
            on the record before us their general and conclusory assertion                              
            that respondent incorrectly determined the deductions and elec-                             





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011