- 10 - As a general rule, a taxpayer bears the burden of proving the Commissioner’s determinations in a notice of deficiency to be in error. Rule 142(a).2 Certain courts have recognized a limited exception to the general rule where the notice of deficiency determines that the taxpayer failed to report income. Llorente v. Commissioner, 649 F.2d 152, 156 (2d Cir. 1981), affg. in part and revg. in part 74 T.C. 260 (1980); Weimerskirch v. Commissioner, 596 F.2d 358 (9th Cir. 1979), revg. 67 T.C. 672 (1977). In such circumstances, the Commissioner must come forward with evidence establishing a minimal foundation, which may consist of evidence linking the taxpayer with an income-producing activity. Petzoldt v. Commissioner, supra at 689. In the present case, petitioner does not dispute that he received income with respect to the relevant business activities. Petitioner argues that respondent’s determination concerning the receipt of unreported income is in error. To this effect, petitioner argues that he received a certain amount of money as compensation for my services. I acknowledged that, and that was reported. There are additional amounts that were third party expenses that had nothing to do with me for which I was nonetheless responsible. There were a number of deposits that were made from one account to another, primarily because the expenses, 2Sec. 7491(a), which shifts the burden of proof to the Commissioner under certain circumstances, does not apply with respect to any factual dispute in this case because petitioner did not keep adequate books and records and did not meet statutory substantiation requirements. Sec. 7491(a)(2)(A) and (B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011