Charles McHan and Martha McHan - Page 13

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                                       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.                                                         







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