- 5 - burden of proof to the Commissioner in specified circumstances, petitioner did not satisfy the prerequisites under section 7491(a)(1) and (2) for such a shift. In unreported income cases, the Commissioner in some circumstances has been required to show a minimal evidentiary foundation for the determined deficiencies, which may consist of evidence linking the taxpayer to an income-producing activity. See Williams v. Commissioner, 999 F.2d 760, 763-764 (4th Cir. 1993), affg. T.C. Memo. 1992-153. If the Commissioner introduces some evidence that the taxpayer received unreported income, then the burden shifts to the taxpayer to show by a preponderance of the evidence that the deficiency was arbitrary or erroneous. Hardy v. Commissioner, 181 F.3d 1002, 1004 (9th Cir. 1999), affg. T.C. Memo. 1997-97. Section 61(a) specifies that, “Except as otherwise provided”, gross income includes “all income from whatever source derived”. Wages and dividends are both listed among the forms of income within the definition of section 61(a). Sec. 61(a)(1), (7).6 Respondent has shown an evidentiary foundation with respect to the $52,327.73 in unreported wage income and $430 in unreported dividend income determined in the attachment to the notice of deficiency. In that regard, the parties have 6 Wages are referred to in sec. 61(a)(1) as “Compensation for services”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008