- 8 - copies of paychecks endorsed and deposited by petitioner), as well as declarations under penalties of perjury and supporting business records from petitioner’s previous employers and other payers. Respondent has met any burden that he has under the Weimerskirch line of cases, and we are left with petitioner’s having failed to substantiate his assignment of error, which, in the usual case, would allow us to decide the issue in respondent’s favor. See, e.g., Funk v. Commissioner, 123 T.C. 213, 215-216 (2004). That does not conclude the matter of the deficiencies, however, since in his posttrial memorandum, respondent states that documents subpoenaed for purposes of the trial show that petitioner wrote checks in 1998 totaling $25,000 that would give him bases to be applied against amounts realized in 1999 on the liquidation of certain investment accounts. Respondent concedes that, as a consequence of that application of basis, respondent must reduce his adjustment on account of capital gain income for 1999 by an equal amount. Respondent asks us to sustain his determination of a deficiency for 1999, nevertheless, on the 3(...continued) respondent had no obligation to do so, since petitioner has asserted no reasonable dispute with respect to those items nor has petitioner fully cooperated with respondent. See sec. 6201(d) (describing the Secretary’s burden to produce reasonable and probative information in addition to the information reported in the information returns when the taxpayer asserts a reasonable dispute with that information and has cooperated with the Secretary).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011