- 12 - used to purchase the cashier’s check, respondent determined that the cash petitioner used to purchase the cashier’s check was unreported income. Finally, respondent adjusted the amounts of petitioner’s reported itemized deductions, personal exemptions, self- employment tax, and child tax credit in accordance with the above determinations. OPINION Deficiencies Generally, the Commissioner’s determinations of deficiencies in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that the Commissioner’s determinations are in error. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).5 The U.S. Court of Appeals for the Ninth Circuit (to which an appeal of this matter would lie) has held that the Commissioner must establish “some evidentiary foundation” connecting the taxpayer with the income- producing activity, Weimerskirch v. Commissioner, 596 F.2d 358, 361-362 (9th Cir. 1979), revg. 67 T.C. 672 (1977), or demonstrate that the taxpayer actually received unreported income, see Edwards v. Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982) (the 5 Petitioner has neither claimed nor shown that she satisfied the requirements of sec. 7491(a) to shift the burden of proof to respondent with regard to any factual issue affecting her liability for the income tax deficiencies. Accordingly, petitioner bears the burden of proof. See Rule 142(a).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007