- 7 - 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 industryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011