- 16 - admit the alleged fact.” She has offered no testimony or documents that bear on her income for the years in issue. In our discretion, we shall not exclude the affidavits and the underlying records that respondent introduced for any noncompliance with respect to the notice requirement or our standing order.14 B. Whether Petitioner Received Unreported Income as Determined Gross income includes “all income from whatever source derived” including compensation for services. Sec. 61(a); Grimes v. Commissioner, 82 T.C. 235, 237 (1984). Gross income also includes any amount paid or distributed out of an individual retirement plan. Sec. 408(d)(1). Respondent determined that petitioner received wages, nonemployee compensation, and taxable distributions from an individual retirement plan. Petitioner disputes that she had taxable income for the tax years in issue and that she was required to file a Federal income tax return for those years. Petitioner argues that the determinations respondent made are arbitrary and erroneous, since they are based 14Petitioner also seeks to exclude the affidavit of George Patenode on the grounds that respondent failed to name Mr. Patenode as a witness in his trial memorandum. We cannot agree that this failure is a basis for exclusion. The choice of affiants and the identity of the custodian of records are matters peculiar to the particular business. It is sufficient that respondent stated his intention to subpoena the affidavit and records from the custodian of records for Pioneer.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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