Estate of Betty Bodwell - Page 5




                                        - 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 tax                         






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011