Barry John and Deborah Lee Houston Mangels - Page 5




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                                     Discussion                                       
          Unreported Income                                                           
               The parties agree that petitioner earned income in 1997 for            
          work performed for JWH and Sal Parziale that was not reported on            
          petitioners’ Federal income tax return.  We must decide the                 
          proper amount.                                                              
               Generally, the burden of proof is on the taxpayer.  Rule               
          142(a)(1).  Under section 6201(d), if a taxpayer, in a court                
          proceeding, asserts a reasonable dispute with respect to the                
          income reported on an information return and fully cooperates               
          with the Secretary (including providing access to an inspection             
          of all witnesses, information, and documents within the control             
          of the taxpayer as reasonably requested by the Secretary), then             
          the Secretary shall have the burden of producing reasonable and             
          probative information in addition to such information return.               
          See Tanner v. Commissioner, 117 T.C. 237 (2001); McQuatters v.              
          Commissioner, T.C. Memo. 1998-88.                                           
               Petitioner challenged the accuracy of the information                  
          provided to the Commissioner in the Form 1099-MISC.  It appears             
          that petitioner has reasonably cooperated with the Commissioner.            
          As discussed in greater detail below, at trial, respondent                  
          introduced evidence in the form of testimony of and business                
          records from Joseph Parziale in response to petitioners’                    
          allegation that the Form 1099-MISC was inaccurate.  Although we             
          find that the evidence in the record is not fully credible, we              




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