· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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