- 3 - resulting deficiencies and additions to tax, respondent orally moved that a penalty be imposed upon petitioner pursuant to section 6673(a)(1). Petitioner has presented no evidence to refute respondent's determinations and has refused to testify, asserting the privilege under the Fifth Amendment.3 OPINION Section 61(a) defines gross income broadly as "all income from whatever source derived". Gross income specifically includes compensation for services. Sec. 61(a)(1). Furthermore, respondent's determinations are presumed correct, and petitioner bears the burden of proving that those determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). In his post-trial memorandum petitioner contends that, because respondent has conceded the issue concerning FICA taxes, the burden of proof rests on respondent to show that no other portion of the deficiency determinations is based on FICA taxes. Even assuming arguendo that petitioner's contention constitutes a correct statement of the law, the notice of deficiency plainly attributes the remainder of the deficiencies to petitioner's failure to report his wages and tips for income tax purposes. 3 We need not decide whether petitioner has properly asserted the Fifth Amendment privilege as he has not otherwise met his burden of proof. See Petzoldt v. Commissioner, 92 T.C. 661, 684- 685 (1989); cf. Edwards v. Commissioner, 680 F.2d 1268 (9th Cir. 1982).Page: Previous 1 2 3 4 5 Next
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