Laurel Ann Curtis - Page 13




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          created; i.e., deficiency notices, summonses, certain tax forms             
          prepared by the Commissioner, and documents showing the tax                 
          calculations on which the deficiencies were based.  Id. at 935.             
          Despite the fact that, as in the instant case, no underlying                
          third-party records were introduced linking the taxpayers with              
          any income-producing activity, the Commissioner was entitled to             
          rely on the presumption of correctness because the taxpayers did            
          not directly attack that presumption.  Id.  The Court of Appeals            
          took into account the fact that, in their petition, the Rapps had           
          alleged “as one ground of error that the Commissioner failed to             
          consider or allow for ‘legitimate and proper deductions.’”  Id.             
          The Court of Appeals took the claim for deductions as evidence              
          that there was a source of related income:  “The connection                 
          between the Rapps and income-producing activity is sufficiently             
          acknowledged to permit the presumption of correctness to attach             
          to the Commissioner’s determination.”  Id.                                  
               In Palmer v. United States, 116 F.3d 1309 (9th Cir. 1997),             
          the taxpayers (husband and wife) had failed to report income for            
          4 successive years.  The Commissioner investigated and found                
          information that the taxpayer-husband, a self-employed                      
          electrician, had worked for wages in years 1 and 4; respondent              
          found no information relating to specific employment during years           
          2 and 3.  Id. at 1313.  Nevertheless, the Commissioner determined           
          deficiencies in tax for years 2 and 3, using his reconstruction             






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