- 4 - 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”.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011