Joseph D. & Elizabeth M. Dunne - Page 46




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          gain/loss on the sale of the FRC stock, but respondent has not              
          argued that the alleged unreported income relates to the sale of            
          Mr. Dunne’s FRC stock.  Because respondent has not shown us any             
          link between petitioners and either the $15,000 of unreported               
          income or any income-producing activity that could have generated           
          a $15,000 capital gain, respondent has not provided the minimal             
          evidentiary foundation required for the presumption of                      
          correctness to attach on this issue.  Therefore, respondent has             
          not met the initial burden of showing that petitioners had                  
          unreported income in 1999 that is normally satisfied by the                 
          presumption of correctness, and we find for petitioners on this             
          issue.  See Foster v. Commissioner, 391 F.2d 727, 735 (4th Cir.             
          1968), affg. in part and revg. in part T.C. Memo. 1965-246.                 
          VI.  Whether Petitioners are Liable for Additions to Tax Under              
               Section 6651(a)(1) for 1997 and 1999                                   
               Section 6651(a)(1) imposes an addition to tax of up to 25              
          percent of the amount required to be shown as tax for failure to            
          timely file a Federal income tax return unless the taxpayers show           
          that the failure was due to reasonable cause and not due to                 
          willful neglect.                                                            
               Section 7491(c) places the burden of production on the                 
          Commissioner to show that the imposition of an addition to tax is           
          appropriate.  To satisfy this burden, the Commissioner must                 
          present sufficient evidence that the particular addition to tax             
          is appropriate.  Higbee v. Commissioner, 116 T.C. 438, 446                  






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