- 11 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011