- 10 - 1. Income Reported on Information Returns The Commissioner may properly reconstruct a taxpayer's income from third-party payers’ reports, such as Forms 1099- MISC.4 See Parker v. Commissioner, 117 F.3d 785 (5th Cir. 1997); Andrews v. Commissioner, T.C. Memo. 1998-316; White v. Commissioner, T.C. Memo. 1997-459. In this case we conclude that petitioner received the amounts of income reported to respondent in the Forms 1099-MISC as payments to California Barbecue for the years in issue. The evidence suggests that this income represents amounts paid for large-volume food catering services provided by petitioner. Petitioner, however, did not provide any information about California Barbecue or its operations, income or expenses to respondent or the Court. Thus, while petitioner 4 Although neither party has raised the issue, we note that sec. 6201(d), as amended by the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 602(a), 110 Stat. 1452, 1463 (1996), was effective as of July 30, 1996. Sec. 6201(d) provides that if the taxpayer, in a court proceeding, asserts a reasonable dispute with respect to the income reported on an information return, and fully cooperates with the Commissioner, then the Commissioner shall have the burden of producing reasonable and probative information in addition to the information return. Even if petitioner had advanced that argument, we would conclude he had not asserted a reasonable dispute with respect to any item of income reported on an information return. He did not file a Federal income tax return, nor did he offer testimony indicating that he did not receive those items of income reported on the Forms 1099-MISC. Nor, for that matter, did he deny receiving the amounts deposited in the Great Western Bank. Additionally, sec. 6201(d) would not be applicable because petitioner offered no evidence that he fully cooperated with respondent. To the contrary, the record amply demonstrates his failure to cooperate, including his failure to provide access to documents within his control. We hold that petitioner retained the burden of proof as to the taxability of the income revealed in the Forms 1099-MISC. Cf. Parker v. Commissioner, 117 F.3d 785 (5th Cir. 1997).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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