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· 5/2/1979

Johnny Weimerskirch v. Commissioner of Internal Revenue

Citations

  • 596 F.2d 358
  • 44 A.F.T.R.2d (RIA) 5072
  • 1979 U.S. App. LEXIS 15008

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Commissioner's determination relating to unreported income is presumed correct where it is supported by a \minimal evidentiary foundation\
  • holding that the Commissioner's determination relating to unreported income is presumed correct where it is supported by a \minimal evidentiary foundation\
  • holding that the Commissioner's determination relating to unreported income is presumed correct where it is supported by a \minimal evidentiary foundation\
  • concluding that the “Court erred in finding that the presumption of correctness attached to the deficiency determination” and “[a] deficiency determination which is not supported by the proper foundation of substantive evidence is clearly arbitrary and erroneous”
  • stating that the Commissioner may not rely on the presumption of correctness with regard to a deficiency determination unless that determination is supported by a \minimal evidentiary foundation\, such as showing a taxpayer's bank deposits
  • listing the taxpayer's bank deposits as one means by which the Commissioner could have attempted to substantiate the charge of unreported income

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodwin, Anderson, Jameson

Read full opinion on CourtListener

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