Kevin L. and Victoria L. Hargrove, et al. - Page 7

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          $36,651 for 2001 and that Mr. and Mrs. Breeding are liable for              
          accuracy-related penalties.  Petitioners timely filed petitions.            
                                     Discussion                                       
               We are asked to decide whether petitioners may exclude the             
          value of lodging provided by their employer under section 119 and           
          whether certain petitioners are entitled to exclusions from                 
          income for certain allowances under section 912.  We are also               
          asked to consider whether certain petitioners are liable for                
          accuracy-related penalties.  We begin with the burden of proof.             
          I.   Burden of Proof                                                        
               In general, the Commissioner’s determinations in the                   
          deficiency notice are presumed correct, and the taxpayer bears              
          the burden of proving that the Commissioner’s determinations are            
          in error.  See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115           
          (1933).  The burden of proof may shift to the Commissioner under            
          certain circumstances, however, if the taxpayer introduces                  
          credible evidence and establishes that he or she substantiated              
          items, maintained required records, and fully cooperated with the           
          Commissioner’s reasonable requests.  Sec. 7491(a)(2)(A) and (B).            
          Petitioners repeatedly failed to cooperate with respondent to               
          prepare these cases for trial and were admonished by the Court              
          when the case was called for trial.  Petitioners have therefore             
          not met the requirements of section 7491(a)(2)(B), and the burden           
          of proof remains with them.                                                 








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