- 9 - Accordingly, the burden of proof remains on petitioners to show error in respondent’s determinations.10 As explained below, petitioners have failed to carry their burden. II. Respondent’s Determinations of Petitioners’ Income The evidence in the record shows that petitioners failed to report substantial amounts of income from Mr. Rinn’s dental practice for their 1995 through 2000 tax years. RA Hutchinson properly reconstructed the income, expenses, and net profits from Mr. Rinn’s dental practice using records that Mrs. Rinn had prepared in her capacity as primary bookkeeper of that business. RA Hutchinson reviewed the records with Mrs. Rinn; she explained the various transactions that were listed; and RA Hutchinson prepared written summaries on the basis of Mrs. Rinn’s explanations allowing all the expenses that she had identified. The notices of deficiency issued to petitioners were prepared on the basis of the records that Mrs. Rinn provided and RA Hutchinson’s written summaries. 10 In certain circumstances, courts have required a minimal factual foundation for the Commissioner’s determinations of unreported income before the presumption of correctness attaches to the Commissioner’s determinations in a notice of deficiency. See, e.g., Portillo v. Commissioner, 932 F.2d 1128 (5th Cir. 1991), affg. in part, revg. in part, and remanding T.C. Memo. 1990-68; Spurlock v. Commissioner, T.C. Memo. 2003-124. Respondent’s determinations in this case were based on business records that Mrs. Rinn maintained and provided. These records provide at least a minimal evidentiary foundation for respondent’s determinations of unreported income in the notices of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011