Zabetti A. Pappas - Page 69




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          Mr. S.’s testimony also establishes that he abused alcohol during           
          the periods in which he engaged in transactions with petitioner.            
               In the final analysis, the record in this case shows that              
          the examining agent believed that two individuals had informed              
          him of business dealings with petitioner in 1991 and 1992,                  
          although the majority of his contacts did not support that                  
          contention.  There are no checks or other contemporaneous                   
          documentation in the record connecting petitioner to the receipt            
          of taxable income in those years.  The two individuals who                  
          provided the basis for respondent’s assertion of income in those            
          years both conceded at trial that it is possible that their                 
          business with petitioner had taken place at other times.  The               
          evidence thus only shows that petitioner possibly engaged in an             
          income-generating activity in 1991 and 1992, not that she                   
          actually did so.  The notice of deficiency therefore lacks the              
          evidentiary support needed to sustain the determination of income           
          based upon BLS data for 1991 and 1992.  Respondent’s                        
          determinations for those 2 years are therefore not sustained.               
          VII.  Whether Petitioner Is Liable for the Addition to Tax Under            
          Section 6651(f) or, in the Alternative, for the Addition to Tax             
          Under Section 6651(a), for the Years in Issue                               
               Sections 6011 and 6012 require every individual who has                
          gross income in excess of certain amounts for a taxable year to             
          file an income tax return.  Section 6651(a)(1) provides for an              
          addition to tax for failure to file a timely return.  The                   






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