- 13 - OPINION According to petitioners, the determinations made in respondent’s notices of deficiency are arbitrary and erroneous and therefore are not entitled to the normal presumption of correctness provided in our Rules and by the caselaw. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Where a taxpayer establishes that a deficiency determination is arbitrary, capricious, or without reasonable foundation, the normal presumption of correctness attached thereto may not be applicable. Helvering v. Taylor, 293 U.S. 507 (1935); Dellacroce v. Commissioner, 83 T.C. 269, 287 (1984); Riland v. Commissioner, 79 T.C. 185, 201 (1982); Jackson v. Commissioner, 73 T.C. 394, 401 (1979). Petitioners maintain that petitioner did not realize any income during the years in issue from the marijuana transactions identified by respondent’s agent. Throughout the proceedings and in their briefs, petitioners argue that petitioner was acting as a mere conduit or agent for the other co-conspirators and that petitioner did not have ownership in the funds or profits relating to the marijuana transactions. Further, petitioners claim that respondent has failed to produce any predicate evidence to establish that petitioner received income from illegal drug sales.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011