- 18 - presumption of correctness since the taxpayer did not directly attack that presumption. Also as in Rapp, petitioner challenged the amount of related deductions respondent had allowed her, which we view as an implicit acknowledgment of the existence of the income-producing property. Rapp lends support to our conclusion that respondent did establish a minimum evidentiary foundation. Moreover, in the various documents petitioner has filed in this case, she makes statements that we read as her concession that, during the years in issue, she did, indeed, own real property from which she received rental income: To wit, “ALL OF THE ‘INCOME’ AT ISSUE WAS DERIVED FROM RENT”; “[respondent is] attempt[ing] to put an income tax on Petitioner’s rental income”; “Petitioner’s real estate rents are not subject to an income tax as a matter of law”; “Well, they were willing to contact former tenants, but they weren’t willing to call, for example, the Multnomah County Tax Assessor”; “I have no wages, salaries or profits from my rental property”. In Edwards v. Commissioner, 680 F.2d 1268 (9th Cir. 1982), although no specific income was documented, the Court of Appeals upheld the presumption of correctness because the taxpayers had conceded that they owned an income-producing business. We think that a like result is called for here.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