Padgett Coventry Price - Page 24

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          290 U.S. 111, 115 (1933); Durando v. United States, 70 F.3d 548,            
          550 (9th Cir. 1995).  The U.S. Court of Appeals for the Ninth               
          Circuit, to which an appeal of this case would lie, has held that           
          in order for the presumption of correctness to attach to the                
          notice of deficiency in unreported income cases,2 the                       
          Commissioner must establish “some evidentiary foundation” linking           
          the taxpayer to the income-producing activity, Weimerskirch v.              
          Commissioner, 596 F.2d 358, 361-362 (9th Cir. 1979), revg. 67               
          T.C. 672 (1977), or “demonstrating that the taxpayer received               
          unreported income”, Edwards v. Commissioner, 680 F.2d 1268, 1270            
          (9th Cir. 1982); see also Rapp v. Commissioner, 774 F.2d 932, 935           
          (9th Cir. 1985).  Once there is evidence of actual receipt of               
          funds by the taxpayer, the taxpayer has the burden of proving               
          that all or part of those funds are not taxable.  Tokarski v.               
          Commissioner, 87 T.C. 74 (1986).                                            
               There is ample evidence linking petitioner to an income-               
          producing activity (the law firm), and respondent has                       
          demonstrated that petitioner received unreported income.                    
               Respondent employed a combination of the specific items                
          method of proof and the bank deposits method of proof to                    


               2  Although Weimerskirch v. Commissioner, 596 F.2d 358 (9th            
          Cir. 1979), revg. 67 T.C. 672 (1977), was an unreported income              
          case regarding illegal source income, the U.S. Court of Appeals             
          for the Ninth Circuit applies the Weimerskirch rule in all cases            
          involving the receipt of unreported income.  See Edwards v.                 
          Commissioner, 680 F.2d 1268, 1270-1271 (9th Cir. 1982); Petzoldt            
          v. Commissioner, 92 T.C. 661, 689 (1989).                                   




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