Laurel Ann Curtis - Page 18




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          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.                                                                   








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