- 10 - Here, respondent has come forward with the indictment and judgment from petitioner’s criminal trial sufficiently linking petitioner to illegal income from sales of marijuana. Additionally, respondent has introduced documentary evidence, primarily checks payable to petitioner, in support of the unreported construction income received from M.J. Lord. Thus, as to the amounts in the notice of deficiency (other than those adjustments conceded by respondent), petitioner bears the burden of showing error in the determinations of income from both marijuana distribution and construction operations. Petitioner has not done so. The record contains only petitioner’s uncorroborated assertions to the contrary, which in essence are a collateral attack on his criminal conviction. We therefore sustain respondent’s determination of $85,000 in unreported income from marijuana sales for 1990 and for 1991 and $9,171 in unreported construction income from M.J. Lord in 1991. However, with respect to the increased deficiencies asserted by respondent subsequent to issuance of the statutory notice, respondent bears the burden of proof. Rule 142(a). The record falls short of carrying this burden. The only support offered by respondent for the $160,000 amount from marijuana sales is the testimony of the special agent as to what was said by a single witness, Hatcher, at petitioner’s criminal trial. The absence of the criminal trial transcript deprives us of any ability toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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