Laurel Ann Curtis - Page 19




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               Finally, we think that Palmer v. United States, 116 F.3d               
          1309 (9th Cir. 1997), provides added authority for our decision.            
          In Palmer, the Commissioner had established the taxpayer’s                  
          income-earning capacity but had no information as to income                 
          earned during the middle 2 of the 4 years in question.  The                 
          Commissioner reconstructed the taxpayer’s income for the middle             
          2 years using average income statistics and the inference that              
          the taxpayer had survived the middle 2 years on income earned               
          during those years.  Given the taxpayer’s failure to suggest an             
          alternative means of support, the Court of Appeals thought the              
          Commissioner’s inference to be reasonable.  That reasonable                 
          inference, together with the link the Commissioner had shown to             
          an income-earning capacity, provided the minimal evidentiary                
          foundation required by the Court of Appeals.  Here, we have found           
          that petitioner owned rental real estate both before and after              
          the years in question.  Petitioner has not suggested an                     
          alternative means of support during the intervening years, so we            
          think it a reasonable inference that she survived those years               
          using income earned during them.  That reasonable inference,                
          coupled with her income-earning capacity (from rental real                  
          estate), provides a minimal evidentiary foundation linking                  
          petitioner to an income-producing activity.                                 










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