- 9 - In his motion, petitioner does not distinguish between reasonableness “as a matter of law” or “as a matter of fact”. The Court assumes that petitioner intended to dispute the reasonableness of respondent’s position both in law and in fact. Consequently, the Court treats the two separate items in conjunction with each other. See Kingston v. Commissioner, T.C. Memo. 1998-119. In determining the deficiency against petitioner, respondent acted upon third party information from a credible source, the establishment where the alleged gambling took place. In addition, the Forms W-2G appeared to bear petitioner’s signature. Respondent’s initial determination that petitioner had failed to report gambling winnings was based on this information. This reliance on apparently credible third party information was reasonable, since at that time it had not been refuted by petitioner. See, e.g., Uddo v. Commissioner, T.C. Memo. 1998-276 (IRS justified in relying on Form 1099-R issued by a third party); Andrews v. Commissioner, T.C. Memo. 1998-316 (IRS could rely on Forms W-2 and 1099 to support deficiency where its action was not arbitrary and where taxpayer failed to file tax returns); Schaeffer v. Commissioner, T.C. Memo. 1994-206 (IRS’ disallowance of deductions was not arbitrary where taxpayers failed to provide information substantiating the items).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011