Percy Rodgers, Jr. - Page 4




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          a taxpayer has failed to file a return.                                     
               Generally, a deficiency notice is presumed correct, and the            
          taxpayer has the burden of proving it wrong.  See Rule 142(a);              
          Welch v. Helvering, 290 U.S. 111, 115 (1933).1  The only evidence           
          offered by petitioner at trial was his testimony that he filed              
          his return.  We are not required to accept petitioner's self-               
          serving testimony, particularly in the absence of corroborating             
          evidence.  See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).             
          If petitioner filed his return, he should have either received a            
          refund or paid an amount due, yet petitioner presented no                   
          evidence regarding a refund or a payment.                                   
               Petitioner attributes his lack of documentary evidence to              
          the 5 years that elapsed between the tax year at issue and his              
          receipt of the notice of deficiency.  Petitioner, however, made             
          no attempt to explain why respondent’s deficiency determination             
          is incorrect or provide us with any basis not to uphold it.                 
          Accordingly, we find that petitioner did not file his 1994                  
          Federal income tax return and uphold respondent’s determination             
          of a deficiency.                                                            
               Section 6651(a)(1) provides for an addition to tax where a             
          return is not timely filed “unless it is shown that such failure            


               1  We do not find that the burden-shifting provisions of               
          current sec. 6201(d) or sec. 7491 apply.                                    







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