Laurel Ann Curtis - Page 17




                                       - 17 -                                         
          look to Karme v. Commissioner, 673 F.2d at 1065, for guidance as            
          to the purpose served by such a minimal evidentiary foundation:             
          “the taxpayer may face practical difficulties in attempting to              
          refute the Commissioner’s assertion that the taxpayer received              
          unreported income.”  By the time this case came to trial (indeed            
          upon receipt of the notices of deficiency), petitioner was                  
          informed that respondent had determined that petitioner had                 
          unreported income from real estate, the addresses of the real               
          estate in question, the amounts of the omitted income, and the              
          sources of respondent’s information.  Petitioner faced no                   
          practical difficulties in determining precisely what she had to             
          prove to sustain her assignment of error that “more income than I           
          earned was attributed to me”.  She had to prove that she did not            
          own the specific properties in question, did not receive rents in           
          the amounts alleged, or had deductions greater than had been                
          allowed.  True, respondent introduced no third-party records                
          substantiating his claims that petitioner owned rental properties           
          and received rents from them.  We assume that the reason he did             
          not, however, was that in the petition, petitioner did not aver             
          that respondent had failed to link her to an income-producing               
          activity.  The situation here is the same as in Rapp v.                     
          Commissioner, 774 F.2d 932 (9th Cir. 1985), where the                       
          Commissioner did not introduce underlying third-party records,              
          but the Court of Appeals allowed the Commissioner to rely on the            






Page:  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