- 9 - We disagree. There is no evidence that anyone fabricated the computer records. Petitioner cites Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983), and Abrams v. Commissioner, 814 F.2d 1356 (9th Cir. 1987), affg. 84 T.C. 1308 (1985), for the proposition that the determination in this case is invalid. We disagree. The notice of determination was deemed invalid by the Court of Appeals in Scar because it was clear from the notice of deficiency itself that the Commissioner had determined a deficiency based on a partnership in which the taxpayers owned no interest. Scar v. Commissioner, supra at 1370. Here, respondent’s determination was properly based on petitioner’s activities and records. We lacked jurisdiction in Abrams because the taxpayers filed petitions in the Tax Court based on a letter that was not a notice of deficiency. Unlike Abrams, there was a notice of deficiency in this case. Thus, neither Scar nor Abrams applies here. Petitioner contends that respondent’s determination is not presumed to be correct because respondent used information to reconstruct his income which would have been inadmissible under the Federal Rules of Evidence if offered as evidence at trial. We disagree. First, respondent used admissible evidence to reconstruct petitioner’s income. See par. B-2, below. Second, the Commissioner may determine a deficiency based “on hearsay orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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