- 9 - the determination. See United States v. Janis, 428 U.S. 433, 441-442 (1976); Weimerskirch v. Commissioner, 596 F.2d 358, 360 (9th Cir. 1979), revg. 67 T.C. 672 (1977). The rationale for this exception is based on the recognized difficulty the taxpayer bears in proving the nonreceipt of income. See Elkins v. United States, 364 U.S. 206 (1960); Flores v. United States, 551 F.2d 1169, 1175 (9th Cir. 1977). When the determination is considered arbitrary and erroneous, the presumption of correctness is destroyed. See United States v. Janis, supra at 442; Weimerskirch v. Commissioner, supra. Petitioner's contention that respondent's determination is arbitrary and erroneous is without merit. Petitioner stipulated to the District Court's opinion in Kersting (Consolidated Cases) and stipulated to nearly the entire record in Kersting (Consolidated Cases), including voluminous testimony and exhibits. After an extensive examination of the voluminous record, the District Court released a detailed 107-page opinion, and respondent's determination is based squarely thereon. During trial of this case, petitioner neither presented witnesses nor made any meaningful attempt to rebut the overwhelming evidence supporting respondent's determination, evidence to which petitioner stipulates. Respondent has amply demonstrated the requisite "predicate evidence" supporting his determination. Petitioner nonsensically argues the determinationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011