James L. and Patricia A. Connell - Page 10

                                       - 10 -                                         

               After the order of discharge in petitioners' bankruptcy                
          proceeding was entered on July 7, 1992, respondent issued a                 
          notice of deficiency to petitioners on February 13, 1993.  In the           
          notice of deficiency, respondent disallowed the partnership                 
          losses and investment tax credits claimed by petitioners on their           
          1983 and 1984 returns and determined the additions to tax and               
          increased rate of interest under section 6621(c).                           
               The Commissioner's determinations in a notice of deficiency            
          are presumed correct, and the taxpayer bears the burden of                  
          proving that those determinations are erroneous.  Rule 142(a);              
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  This burden of               
          proof extends as well to the additions to tax and the increased             
          rate of interest.  Rule 142(a); Bixby v. Commissioner, 58 T.C.              
          757, 791 (1972).  However, with respect to respondent's amended             
          answer, relating to an increase in the deficiency in tax for the            
          year 1980 and correspondent increases in the additions to tax and           
          increased interest, the burden of proof is on respondent, since             
          the claim by respondent constitutes "new matter".  Rule 142(a).             
          The record reflects that respondent met that burden in that                 
          petitioners' income tax return for 1983 erroneously reflected a             
          tax computation for married persons filing separately when in               
          fact the computation should have been based on rates for married            
          persons filing jointly, and by petitioner's acknowledgment of               







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