- 6 - During his presentation at trial and in his brief, petitioner correctly (more or less) recited the general principles that govern the burden of proof in deficiency proceedings. However, he mistakenly proceeded as though those principles relieved him of his burden of proof in this case. Unlike taxpayers in Portillo v. Commissioner, supra, Anastasato v. Commissioner, supra, and Gerardo v. Commissioner, supra, who denied receipt of all, or portions of, certain income charged to each in notices of deficiency, petitioner has not denied, either in a pleading or in his testimony, that he received any of the items of income. Unsupported by such a denial, his claim that respondent's determination is arbitrary and excessive is itself nothing more than a "naked assertion" that does not entitle him to the relief from the burden of proof that he seeks. Because petitioner did not deny receipt of some or all of the items of income, or point to some other error made in the notice of deficiency, we fail to see how respondent's determinations could be arbitrary and excessive. See White v. Commissioner, T.C. Memo. 1997-459. There is insufficient evidence in the record to apply the body of law established in the line of cases upon which petitioner relies. Petitioner's case-in-chief amounted to little more than his testimony that he could not remember whether he received any of the items of income. As we advised petitioner at trial, we consider his testimony in this regard incredible given his educational background and apparent good health. AsPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011