Georges Z. Zakhem - Page 9

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               Accordingly, the Court finds that petitioner has failed to             
          sustain his burden of proof to show that he filed tax returns for           
          1995, 1996, and 1997.                                                       
               Petitioner’s Tax Liabilities for 1995, 1996, and 1997                  
               For each of the years at issue, petitioner’s income was                
          computed from his Exabyte wages income, allowing him a standard             
          deduction and one exemption.  The resulting tax on his taxable              
          income was then credited with the amount of Federal income tax              
          withholding shown on the Form W-2.  Petitioner alleges that he              
          has medical expenses that entitle him to a larger itemized                  
          deduction, but he has failed to produce any documentation in                
          support of his contention.  In the absence of any corroborating             
          evidence from the petitioner, respondent’s determinations are               
          presumed correct.                                                           
          Additions to Tax Under Section 6651(a)(1)                                   
               Respondent determined an addition to tax under section                 
          6651(a)(1) for 1995, 1996, and 1997 asserting that petitioner               
          failed to file Federal income tax returns for those years.                  
          Section 7491(c) imposes the burden of production in any court               
          proceeding on the Commissioner with respect to the liability of             
          any individual for penalties and additions to tax.  Higbee v.               
          Commissioner, 116 T.C. 438, 446 (2001); Trowbridge v.                       
          Commissioner, T.C. Memo. 2003-164, affd. 378 F.3d 432 (5th Cir.             
          2004).  In order to meet the burden of production under section             






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