Joyce E. Hastings - Page 8




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          liability, the Commissioner is authorized to reconstruct income             
          by any reasonable method which will clearly reflect income.  Sec.           
          446(b); Commissioner v. Hansen, 360 U.S. 446, 467 (1959); Palmer            
          v. IRS, 116 F.3d 1309, 1312 (9th Cir. 1997); Petzoldt v.                    
          Commissioner, 92 T.C. 661, 686-687 (1989).                                  
               As a general rule, in court proceedings arising in                     
          connection with examinations commenced before July 23, 1998, the            
          Commissioner's deficiency determination is presumed correct, and            
          the taxpayer bears the burden of proof in such cases.  Sec.                 
          7491(a)(2); Omnibus Consolidated and Emergency Supplemental                 
          Appropriations Act of 1999, Pub. L. 105-277, sec. 4002(b), 112              
          Stat. 2681-906; Rule 142(a).  As previously stated, the                     
          examination in this case began on December 17, 1997.                        
               The Court of Appeals for the Ninth Circuit, to which appeal            
          in the instant case would normally lie, has indicated that before           
          the presumption of correctness will attach in an unreported                 
          income case, the determination must be supported by at least a              
          minimal factual predicate or foundation of substantive evidence             
          linking the taxpayer to income-generating activity or to the                
          receipt of funds.  Palmer v. IRS, supra at 1312; Rapp v.                    
          Commissioner, 774 F.2d 932, 935 (9th Cir. 1985); see also                   
          Petzoldt v. Commissioner, supra at 687-689.                                 
               Here, the record clearly links petitioner to an                        
          income-generating activity.  During 1993, petitioner was an                 






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