- 13 - 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 reconstructionPage: 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