- 45 - if the Commissioner provides a minimal evidentiary foundation showing that there is a link between the taxpayers and either the taxable income or the income-producing activity. Petzoldt v. Commissioner, supra; Kaufman v. Commissioner, T.C. Memo. 2003- 262; Fankhanel v. Commissioner, supra; Prindle Intl. Mktg. v. Commissioner, T.C. Memo. 1998-164, affd. without published opinion sub nom. Fox v. Commissioner, 229 F.3d 1157 (9th Cir. 2000). The only evidence either party submitted regarding the unreported capital gain issue was a copy of petitioners’ 1999 Form 1040, the examination report, and the notice of deficiency. In these documents, the only explanation of respondent’s determination that petitioners received unreported income in 1999 is the following statement made to petitioners in the notice of deficiency: “It is determined that you realized a capital gain in the amount of $15,000.00 for tax year 1999. Accordingly, taxable income is increased $15,000.00 for the tax year ending December 31, 1999.” The examination report contains an explanation section for capital gains and losses, but the entire discussion in that section relates to Mr. Dunne’s issues with FRC, and there is no reference to a $15,000 capital gain in 1999 in either the facts or conclusion of that section. The examination report did state in its conclusion that it will be necessary to compute thePage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NextLast modified: March 27, 2008