Kevin R. Johnston - Page 23




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          generated by those acts.  For example, it is undisputed that                
          petitioner, a licensed real estate salesperson, worked for WWMC             
          and a few other parties during 1993.  It is also undisputed that            
          WWMC and the other parties paid a total of $103,420 for                     
          petitioner’s services during that year.  Moreover, it is clear              
          that this $103,420 was deposited into Universal’s bank account,             
          that petitioner was one of the signatories to that account, and             
          that petitioner wrote checks on that account.  Finally, it is               
          clear that petitioner was one of the original capital unit                  
          holders of Universal, and as such was once entitled to receive              
          distributions of income and corpus from Universal.  All this more           
          than amply links petitioner with the unreported income described            
          in the notice.                                                              
               Petitioner asserts that, as a matter of law, none of this              
          evidence may be used to support the statutory notice, because:              
          (1) Respondent has not shown that respondent had the evidence               
          when the notice was issued, and (2) the evidence was not                    
          described in the notice itself.  We disagree.                               
               In general, any admissible evidence may be used to support a           
          deficiency notice.  See Cook v. United States, 46 Fed. Cl. 110              
          (2000), which stated that an assessment was not “naked” even if             
          the administrative file supporting its entry was lost, because:             
               what is critical, given the de novo nature of the                      
               proceedings * * * is that admissible evidence exists to                
               support the assessment.  If such evidence exists, and                  





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