Tony Malfatti - Page 3

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          (The Gus Team, Have-a-Party Productions, Johnny B. Soroka,                  
          Randall L. Biagi, Bay Area Motorcycle Training, Earl Heckscher              
          Orchestra, Kellco Training Institute, Debs Motorcycle Training,             
          James Labarbera, Hornblower Yachts, Joel Nelson Productions,                
          Bonnie Kellogg/Two Wheel Safety, and Mark William Lytal)                    
          reporting that petitioner received the aforementioned income                
          during the years in issue.  No Federal income tax was withheld              
          from the aforementioned income.                                             
               Petitioner did not cooperate with respondent at any time               
          during the administrative or judicial process.  Petitioner failed           
          to meet with or to provide respondent with any information that             
          would have enabled respondent to properly determine petitioner’s            
          tax liability.                                                              
                                       OPINION                                        
          A.   Burden of Proof                                                        
               Generally, respondent’s deficiency determinations set forth            
          in the notices of deficiency are presumed correct, and petitioner           
          bears the burden of showing the determination is in error.  Rule            
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  There are            
          exceptions to this rule.                                                    
               Section 7491(a) shifts the burden of proof to the                      
          Commissioner with respect to a factual issue affecting the tax              
          liability of a taxpayer who meets certain preliminary conditions.           
          Petitioner failed to cooperate with respondent and did not                  






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