James C. Blanning, Jr. - Page 7

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          Taylor, 293 U.S. 507 (1935); Welch v. Helvering, 290 U.S. 111               
          (1933).2  Where, however, the Commissioner’s determination                  
          concerns unreported illegal income, the Commissioner must offer             
          some substantive evidence connecting the taxpayer to the income-            
          producing activity before the Commissioner’s determination is               
          afforded a presumption of correctness.  Erickson v. Commissioner,           
          937 F.2d 1548, 1551 (10th Cir. 1991), affg. T.C. Memo. 1989-552;            
          MacCracken v. Commissioner, T.C. Memo. 1993-376.                            
               In this case, respondent has amply demonstrated that                   
          petitioner possessed liquid assets, expended funds, and/or made             
          substantial deposits in various bank accounts.  This was shown by           
          means of checks, issued in petitioner’s name or to cash, that               
          were negotiated by petitioner and by corporate checks used to pay           
          petitioner’s living expenses.  In addition, petitioner stipulated           
          that he was engaged in an income-producing activity.                        
               The Commissioner is entitled to reconstruct a taxpayer’s               
          income by a reasonable method where the taxpayer fails to                   
          maintain adequate books and records.  Sec. 446(b); Erickson v.              
          Commissioner, supra at 1553; Parks v. Commissioner, 94 T.C. 654,            
          658 (1990). Petitioner has not shown or adequately argued that              
          respondent’s method of reconstruction was unreasonable or in any            

               2 The audit of petitioner’s 1992 and 1993 income taxes                 
          commenced prior to July 22, 1998, the effective date of the                 
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, 112 Stat. 685.  Therefore, sec. 7491 is                    
          inapplicable to this proceeding.                                            





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