Marie Key and David Glen Key - Page 9




                                        - 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).                                   




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