- 9 - Commissioner must establish "some evidentiary foundation" linking the taxpayer to the income-producing activity, Weimerskirch v. Commissioner, 596 F.2d 358, 361-362 (9th Cir. 1979), revg. 67 T.C. 672 (1977), or “demonstrating that the taxpayer received unreported income”, Edwards v. Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982); see also Rapp v. Commissioner, 774 F.2d 932, 935 (9th Cir. 1985). Once there is evidence of actual receipt of funds by the taxpayer, the taxpayer has the burden of proving that all or part of those funds are not taxable. Tokarski v. Commissioner, 87 T.C. 74 (1986). There is ample evidence linking petitioners to an income- producing activity, and respondent has demonstrated that petitioners received unreported income. A. Unit and Volume Method The first method respondent employed on brief to reconstruct petitioners’ gross receipts from the multilevel marketing business was the unit and volume method. This method of proof is an established method accepted by the Court. See King v. Commissioner, T.C. Memo. 1998-69, affd. without published opinion 182 F.3d 903 (3d Cir. 1999); Park v. Commissioner, T.C. Memo. 8(...continued) Cir. 1979), revg. 67 T.C. 672 (1977), was an unreported income case regarding illegal source income, the U.S. Court of Appeals for the Ninth Circuit applies the Weimerskirch rule in all cases involving the receipt of unreported income. See Edwards v. Commissioner, 680 F.2d 1268, 1270-1271 (9th Cir. 1982); Petzoldt v. Commissioner, 92 T.C. 661, 689 (1989).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011