- 26 - Notice of Deficiency On September 18, 1996, respondent issued a notice of de- ficiency (notice) to Mr. Henry. In the notice, respondent determined that Mr. Henry had failed to report as income (1) for 1992 the $150,000 assistance payment that he received from du Pont in that year and (2) for 1994 the $1,623,203 in payments that Mr. Henry received from du Pont during that year. Respon- dent also determined in the notice that Mr. Henry is liable (1) for additions to tax under 6651(a)(1) for 1992 for failure to file a tax return and for 1994 for failure to file timely his tax return and (2) for 1994 for the accuracy-related penalty under section 6662(a) because of a substantial understatement of income tax under section 6662(b)(2). OPINION Petitioner bears the burden of proving that the determina- tions in the notice are erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The $150,000 Assistance Payment Petitioner received the $150,000 assistance payment from du Pont in 1992 and did not report that payment as income for that year. Respondent determined that the $150,000 assistance payment is includible in petitioner's income for 1992. The parties stipulated that 70 percent of that payment is allocable to petitioner and that 30 percent of that payment is allocable toPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011