- 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 thePage: 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