Laurel Ann Curtis - Page 14




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          of the taxpayers’ income for those years.  Id.  The                         
          Commissioner’s reconstruction was based on certain average income           
          statistics and the inference that, since the taxpayers were able            
          to survive from the end of year 1 to year 4, they must have had             
          some income during the intervening 2 years.  Id.  The taxpayers             
          did not suggest that they had alternative means of support in the           
          absence of income for the years in question, and the court found            
          the Commissioner’s inference to be reasonable.  Id.  The                    
          taxpayers argued, however, that, under the Weimerskirch line of             
          cases, the Commissioner was compelled to discover the exact                 
          source of the income that he would attribute to them.  Id.  The             
          Court of Appeals disagreed, stating that, when the reasonable               
          inference made by the Commissioner was coupled with the                     
          information linking the taxpayer-husband to wages for at least a            
          part of the 4-year period, the minimal evidentiary foundation               
          necessary to support the presumption of correctness had been                
          established.  Id.                                                           
               Finally, in Edwards v. Commissioner, 680 F.2d 1268 (9th Cir.           
          1982), the Court of Appeals upheld the presumption of correctness           
          even though no specific income was documented, because the                  
          taxpayers there had conceded that they owned an income-generating           
          auto repair business during the years at issue.                             










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