Manuel G. Lopez - Page 15




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                  deficiency even if the amount so redetermined is greater                             
                  than the amount of the deficiency, notice of which has been                          
                  mailed to the taxpayer, and to determine whether any                                 
                  additional amount, or any addition to the tax should be                              
                  assessed, if claim therefor is asserted by the Secretary at                          
                  or before the hearing or a rehearing.                                                
                                                                                                      
                  In the answer to amended petition, respondent claimed                                
            increased deficiencies for 1994, 1995, and 1996 based on the                               
            income that petitioner and his wife received in those years.                               
            Respondent has the burden of proof as to the increases in                                  
            deficiencies made in the answer to amended petition.  See Rule                             
            142(a); Quick v. Commissioner, 110 T.C. 172, 180 (1998);                                   
            Hendrickson v. Commissioner, T.C. Memo. 1999-357.                                          
                  Petitioner stipulated or admitted that he and his wife                               
            received the following amounts of income:                                                  
                                                1994              1995         1996                    
            Wages received by wife        $55,359           $51,268    $66,964                         
            Schedule C gross receipts    27,037          37,954     26,935                             
            Schedule E rental income            2,570           4,700      3,800                       
            Schedule F farming income           600           1,453           1,500                    
            Based on these stipulations and admissions, respondent has proved                          
            the receipt of the additional income underlying the increased                              
            deficiencies raised in the answer to amended petition.                                     
                  2. Respondent’s Burden of Production and Proof With Respect                          
            to Increased Additions to Tax.                                                             
                  We are willing to assume, but do not decide here, that                               
            respondent has the burden of production as to the additions to                             
            tax in these circumstances.  See sec. 7491(c).  Respondent moves                           






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