Kevin R. Johnston - Page 22




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          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.                                       





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