- 7 - recognized by other Federal courts, we understand the difficulties encountered in proving a negative; however, if petitioner did not receive any of the items of income, we would expect that, at the very least, he would tell us so. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158 (1946), affd. 162 F.2d 513 (10th Cir. 1947). Nevertheless, to the extent that respondent had an obligation to link petitioner to the income-generating activities relating to the items of income, he has satisfied that obligation through the introduction of predicate evidence. Absent some showing by petitioner as to how the distribution in liquidation should have been divided between himself and his spouse, there is no basis for making any apportionment. In any case, the presumption of correctness to which the Commissioner is normally entitled remains intact in this case. The burden of proof in this case is upon petitioner. Rule 142(a); Welch v. Helvering, supra at 115. His testimony that he cannot remember any of the relevant transactions that gave rise to the items of income is insufficient to satisfy his burden of proof. Because he has failed to meet that burden, the determinations made in the notice of deficiency, including the additional tax imposed by section 72(t) and the addition to tax under section 6651(a) are sustained.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011