William Henry Sundel - Page 11

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                  Throughout his posttrial briefs, petitioner repeatedly              
             asserts that respondent failed to prove that he realized                 
             unreported income.  In effect, petitioner argues that                    
             respondent bears the burden of proving that he realized                  
             unreported income from the marijuana transaction in 1983.                
             As a general rule, the Commissioner's determination of a                 
             tax deficiency is presumptively correct, and the taxpayer                
             bears the burden of proving that it is erroneous.  See Rule              
             142(a); Welch v. Helvering, 290 U.S. 111 (1933).  All Rule               
             references are to the Tax Court Rules of Practice and                    
             Procedure.                                                               
                  Courts recognize a limited exception to this general                
             rule in cases such as this where the Commissioner's notice               
             of deficiency determines that the taxpayer failed to report              
             income derived from illegal activities.  See Petzoldt v.                 
             Commissioner, 92 T.C. 661, 688 (1989); see also Rapp v.                  
             Commissioner, 774 F.2d 932, 935 (9th Cir. 1985); Llorente                
             v. Commissioner, 649 F.2d 152, 156 (2d Cir. 1981), affg. in              
             part and revg. in part 74 T.C. 260 (1980); Weimerskirch v.               
             Commissioner, 596 F.2d 358 (9th Cir. 1979), revg. 67 T.C.                
             672 (1977); Dellacroce v. Commissioner, 83 T.C. 269, 287                 
             (1984).  In such cases, the notice of deficiency will be                 
             considered lacking a rational basis and not entitled to                  







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