Richard A. and Elaine C. Murray - Page 5

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               Generally, the Court will not look behind the notice of                
          deficiency to review the information used or the Commissioner’s             
          motives or procedure involved in making a determination.                    
          Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324, 327-328             
          (1974). However, if the taxpayer establishes that the deficiency            
          notice is arbitrary or without foundation, the burden of going              
          forward with the evidence shifts to the Commissioner.  Dellacroce           
          v. Commissioner, 83 T.C. 269, 280 (1984).                                   
               Although Mr. Murray testified at length as to why he                   
          believed the IRS began investigating Mr. Chavez, he offered no              
          independent evidence of that at trial.  Petitioners introduced              
          several letters written by petitioners to the Department of                 
          Justice, the IRS criminal investigation chief, and the Attorney             
          General.  The letters discuss petitioners’ belief that an                   
          employee of Mr. Chavez reported him to the IRS after he failed to           
          answer her demand for “hush money”.  Petitioners, however, do not           
          name this female employee in any of their letters, nor could they           
          recall her name at trial.  Furthermore, petitioners could offer             
          no witnesses to verify their allegation.  They were not                     
          approached by this employee and refused to reveal at trial how              
          they learned of the attempted blackmail of Mr. Chavez.  When                
          challenged regarding the validity of their claims, Mr. Murray               
          could only say:  “I know it’s true.  I just know”.                          







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