- 5 - During the years 1989 through 1994, petitioner and Mrs. Bodwell resided in the State of California. They did not file income tax returns for the years 1989 through 1994. During these years, Mrs. Bodwell did not exercise any management or control over petitioner's business. OPINION Issue 1. Unreported Income From Painting Services A. Burden of Proof By order dated March 4, 1998, we ruled that respondent’s determinations of petitioners’ income were arbitrary because respondent had not offered any evidence or other basis to support the determination that petitioners received income. Thus, we held that respondent may not rely on the presumption that the determination is correct. See Palmer v. IRS, 116 F.3d 1309, 1312 (9th Cir. 1997); Weimerskirch v. Commissioner, 596 F.2d 358, 360- 361 (9th Cir. 1979), revg. 67 T.C. 672 (1977). Accordingly, we ruled that respondent bears the burden of proving the amount of petitioners’ income for the years in issue. B. Amount of Unreported Income Respondent presented evidence at trial that petitioner, d.b.a. PAINT-SER LTD., performed painting services during the years 1989 through 1994 for Shell and Town and Country. The manager of Federal income tax audits at Shell, Bruce Charles Fay (Mr. Fay), stated that petitioner's taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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