Harold Wilson - Page 9




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          alleged in the petition are true, petitioner has failed to state            
          a claim upon which he is entitled to relief.                                
               In general, the determinations made by the Commissioner in a           
          notice of deficiency are presumed to be correct, and the taxpayer           
          bears the burden of proving that those determinations are                   
          erroneous.  See Rule 142(a); Welch v. Helvering, 290 U.S. 111,              
          115 (1933).  Deductions and credits are a matter of legislative             
          grace, and taxpayers bear the burden of proving entitlement to              
          any deduction or credit claimed on their returns.  See INDOPCO,             
          Inc. v. Commissioner, 503 U.S. 79 (1992); New Colonial Ice Co. v.           
          Helvering, 292 U.S. 435, 440 (1934).                                        
               Section 32 provides a refundable tax credit for certain                
          eligible taxpayers.  Section 32(c)(2)(A) defines the term “earned           
          income” broadly to include wages, salaries, tips, other employee            
          compensation, and the taxpayer’s earnings from self-employment.             
          However, section 32(c)(2)(B) excludes certain items from the                
          definition of earned income.  The dispute in this case centers on           
          section 32(c)(2)(B)(iv), which provides in pertinent part:                  
                    SEC. 32(c).  Definitions and special rules.–-For                  
               purposes of this section--                                             
                    (2)  Earned income.                                               
               *        *        *        *        *        *        *                
                    (B) For purposes of subparagraph (A)--                            
               *        *        *        *        *        *        *                







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