3 decedent and Robert Severt for the taxable year 1993. In the notice of deficiency, respondent adjusted the income of decedent and Robert Severt to reflect unreported receipts totaling $5,640. Respondent determined self-employment taxes in the amount of $687. Respondent further adjusted income to reflect the allowance of a deduction for one-half of the self-employment taxes so determined. Respondent's determinations are presumed correct, and petitioner has the burden of proving them erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner presented no evidence concerning the determinations made by respondent in the notice of deficiency. Rather, petitioner argues that respondent is barred from making an assessment for the year in issue. As a general rule, section 6501(a) provides that any income tax imposed must be assessed within 3 years after the date that the taxpayer's return is filed. As an exception to the general rule, section 6501(d) provides that with certain exceptions not relevant here, with respect to any income tax for which a return is required in the case of a decedent, the tax shall be assessed, or a proceeding in court without assessment for the collection of such tax shall be begun, within 18 months after written request therefor is made by the executor.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011