- 8 - evidentiary foundation linking the taxpayer to the alleged income-producing activity.’” Blohm v. Commissioner, 994 F.2d 1542, 1549 (11th Cir. 1993) (quoting Weimerskirch v. Commissioner, 596 F.2d 358, 362 (9th Cir. 1979), revg. 67 T.C. 672 (1977)), affg. T.C. Memo. 1991-636. The Commissioner need only provide a minimal showing. Id. Once the Court determines that the Commissioner provided the minimal evidentiary showing, the taxpayer then bears the burden of proving that the notice of deficiency is arbitrary or erroneous. Gatlin v. Commissioner, 754 F.2d 921, 923 (11th Cir. 1985) (citing Jackson v. Commissioner, 73 T.C. 394, 401 (1979)), affg. T.C. Memo. 1982- 489. Section 7491, enacted as part of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726, which can shift the burden of proof from the taxpayer to the Commissioner, is not applicable to this case because petitioners’ audit commenced in April 1998, which predates July 22, 1998, the effective date of section 7491. Petitioners had two main sources of income, Mr. Possas’s wages for his position as a manager and Mrs. Possas’s hairdressing activity. Because petitioners kept no records as to their income or expenses from the hairdressing activity, they estimated these amounts on their returns. We find that respondent has provided the required evidentiary foundationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011