John R. Rinn and Donnie J. Rinn - Page 9

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               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.                                                              





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