- 23 - 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, andPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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