- 4 - 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, wePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011