William Henry Sundel - Page 13

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                  In this case, respondent has produced more than                     
             adequate substantive evidence linking petitioner to income               
             from the sale of marijuana in 1983.  This includes                       
             petitioner's criminal conviction arising from the Michigan               
             transaction, petitioner's own testimony during the plea                  
             hearing in the criminal case, testimony of law enforcement               
             officers, and detailed testimony of coconspirators.                      
             Indeed, petitioner stipulates that he was engaged in the                 
             sale of marijuana during 1983.  Under the circumstances,                 
             we find that respondent has more than satisfied                          
             respondent's initial burden of producing some substantive                
             evidence connecting petitioner with an income-producing                  
             activity, and we find that the burden of disproving                      
             respondent's determination of unreported income remains                  
             with petitioner.                                                         
                  We also sustain respondent's calculation of the amount              
             of petitioner's unreported income.  Section 6001 requires                
             all taxpayers to maintain sufficient records to determine                
             their correct tax liability.  See Petzoldt v. Commissioner,              
             supra at 686.  If a taxpayer fails to maintain or does not               
             produce adequate books and records, the Commissioner is                  
             authorized by section 446 to reconstruct the taxpayer's                  
             income.  See sec. 446(b); Petzoldt v. Commissioner, supra                







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