- 22 - personally received the unreported income described in the notice. Although some of the authorities cited by petitioner, such as Hardy v. Commissioner, 181 F.3d 1002, 1004 (9th Cir. 1999), and Rapp v. Commissioner, supra at 935, do mention the taxpayer’s “receipt” of income, it is nevertheless clear that the Commissioner may satisfy the predicate evidence requirement in unreported income cases by introducing evidence linking the taxpayer to tax-generating acts. See Shriver v. Commissioner, 85 T.C. 1, 4 (1985). Alternatively, respondent may satisfy the predicate evidence requirement by showing the taxpayer was connected to unexplained bank deposits or cash. See Schad v. Commissioner, 87 T.C. 609, 618-620 (1986) (discussing Court of Appeals for the Ninth Circuit authorities); Tokarski v. Commissioner, 87 T.C. 74 (1986).8 The record contains ample evidence linking petitioner both to tax-generating acts and to bank deposits of the income 8 The authorities cited by petitioner, when read in full, support this conclusion. For example, although Rapp v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985) does mention evidence of receipt, it also states that “Once the Government has carried its initial burden of introducing some evidence linking the taxpayer with income-producing activity” (emphasis added), the burden of proof shifts to the taxpayer. Moreover, Hardy v. Commissioner, 181 F.3d 1002, 1005 (9th Cir. 1999), states that the exception to the presumption of correctness applies only where the Commissioner has failed to provide any evidentiary foundation for the deficiency notice.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011