- 7 - States v. Walton, 909 F.2d 915, 918 (6th Cir. 1990). The taxpayer bears “the initial burden of producing credible evidence that [he] did not earn the taxable income * * * or of presenting an argument that the IRS deficiency calculations were not grounded on a minimal evidentiary foundation.” Id. at 919.5 At trial and on brief, petitioner has not argued that he did not receive compensation for his services during the years at issue or did not receive early IRA distributions in 1995 and 1997. Construing petitioner’s argument to be that respondent’s determination lacked a minimal evidentiary foundation and was therefore arbitrary, we conclude that petitioner has not met his initial “burden of production on the issue of arbitrariness.” Id. at 922. Petitioner testified only as respondent’s witness. His testimony did not credibly support his case: while feigning improbable memory lapses as to other income sources, petitioner 5 United States v. Walton, 909 F.2d 915 (6th Cir. 1990), involved the Commissioner’s net-worth reconstruction of the taxpayer’s alleged unreported income. The court held that although the Government had failed to offer any evidentiary foundation for a disputed element of the net-worth computation, the taxpayer had nevertheless failed to meet his initial “burden of production on the issue of arbitrariness.” Id. at 922. Noting that the taxpayer had failed to elicit evidence as to how the Commissioner had arrived at the disputed item or to bring other relevant evidence to the trial court’s attention, the court concluded that the taxpayer’s “vague denial * * * [of the disputed item] was certainly not sufficient to meet [his] burden of production on the issue of arbitrariness.” Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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