- 19 - of Appeals for the Ninth Circuit has described the required evidentiary foundation as “minimal”. Palmer v. IRS, 116 F.3d 1309, 1312-1313 (9th Cir. 1997). Petitioner’s motion asserted that the notices in the cases at hand are “naked assessments” that should not be presumed correct, because respondent failed to show that petitioner personally received the United Ready Mixed settlement proceeds in 1992, and respondent did not allow expense deductions to offset petitioner’s reported (1992 notice) or unreported (1993/1994 notice) income. We disagree. First, the “naked assessment” notion applies only in unreported income situations. Petitioner reported the United Ready Mixed settlement proceeds on his 1992 individual return. Statements on a Federal tax return are admissions under the Federal Rules of Evidence and will not be overcome without cogent evidence that they are wrong. Fed. R. Evid. 801(d)(2); Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989); Lare v. Commissioner, 62 T.C. 739, 750 (1974), affd. without published opinion 521 F.2d 1399 (3d Cir. 1975). Thus, petitioner’s “self- assessment” provided the predicate evidence necessary to link him to the tax-generating activity in 1992. See Shriver v. Commissioner, 85 T.C. 1, 4 (1985).8 8By a parity of reasoning, petitioner’s admission on his return that he received the income would satisfy any burden on respondent under sec. 6201(d) to produce evidence, in addition to (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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