James E. Jenkins and Ruth A. Jenkins - Page 8

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          relating to the years in issue.  Petitioner pleaded guilty to               
          illegal gambling.  Thus, respondent has linked petitioner with              
          the income-producing activity.  See Berlin v. Commissioner, 42              
          T.C. 355, 357 (1964).  As a result, petitioners must prove, by a            
          preponderance of the evidence, that respondent’s deficiency                 
          determinations are arbitrary or unreasonable.  Id.                          
               On brief, respondent contends that he used the specific item           
          method of proof for purposes of determining petitioners’                    
          unreported income.  At trial, however, Agent Robin Britton, the             
          agent who conducted the audit, stated that she “did not do a                
          specific items” analysis and “basically [used Agent Gannaway’s              
          calculations] from the plea agreement”.  In response to the                 
          Court’s inquiry regarding why she did not use an indirect method            
          of proof (e.g., the net worth method), she stated that                      
          petitioners failed to provide her with the necessary records to             
          utilize such a method.  The Court then asked Agent Britton if she           
          had requested such records from petitioners, and she admitted               
          that she had not.  Agent Britton also admitted that she failed to           
          verify Agent Gannaway’s report relating to the Ruritan Club by              
          comparing his calculations with the Ruritan Club’s deposit slips.           
          With respect to JVFD and Handicaps Unlimited, she did not review            
          the charities’ financial reports or deposit slips for purposes of           
          determining the accuracy of Agent Gannaway’s report.  Thus, for             
          purposes of determining the amount of income petitioner and Hood            
          received, respondent relied solely on Agent Gannaway’s                      




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