Bruce David Cohen - Page 7




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          appeal in the instant case would normally lie, has indicated that           
          before the presumption of correctness will attach in an                     
          unreported income case, the determination must be supported by at           
          least a “minimal” factual predicate or foundation of substantive            
          evidence linking the taxpayer to income-generating activity or to           
          the receipt of funds.  Palmer v. IRS, supra at 1312-1313; see               
          also Rapp v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985);               
          Petzoldt v. Commissioner, supra at 687-689.                                 
               Here, the record clearly links petitioner to an income-                
          producing activity.  Bicycle Sport, even according to                       
          petitioner’s own returns, generated substantial gross sales in              
          each of the years at issue.  Accordingly, respondent’s                      
          reconstructions of the business’s profits, to the extent they               
          reveal unreported income, are supported by the requisite factual            
          predicate for placing the burden to show otherwise upon                     
          petitioner.                                                                 
               A.  1986                                                               
               On the Schedule C attached to petitioner’s 1986 Form 1040,             
          U.S. Individual Income Tax Return, gross receipts from Bicycle              
          Sport are shown as $311,159.  After deductions, petitioner                  
          reported a net loss from his business of $5,063.  Respondent                
          accepted, and the parties stipulated, that gross sales in 1986              
          were $311,159.  However, because petitioner provided no records             
          substantiating his claimed expenditures, respondent used industry           






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