Joseph D. & Elizabeth M. Dunne - Page 45




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          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 the                  







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