- 3 - We decide this case based upon the basic principle that the burden of establishing error in the deficiency notice or establishing claims raised in the petition or at trial rests upon petitioner. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Apart from the few facts that were stipulated, there is no probative evidence in the record. Almost all of Mr. Edmiston's testimony at trial may be characterized as tax "protester" rhetoric. He questioned the validity of his joint individual income tax return because of the absence of OMB (Office of Management and Budget) numbers from Form 1040 and stated his belief that only Federal employees are subject to Federal income tax. We see no need to address these or similar arguments of petitioner. See Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). Petitioner, in response to a question by the Court, did testify that during the year 1991 he was involved in certain "business ventures". He testified that he was "selling land in LA for a company named EIC" and doing "undercover work" for banks. Petitioner further testified that he had "substantial" expenses, connected with these activities, that he correctly reported. At trial, however, Mr. Edmiston presented no documentation to substantiate any of his claimed Schedule C expenses.Page: Previous 1 2 3 4 Next
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