- 2 - Respondent determined a deficiency of $3,102 in petitioners’ 1999 Federal income tax. After a concession by petitioners,1 the sole issue for decision is whether petitioners’ gross income for 1999 must include a check for $11,091.90 that they received in 1999 but did not cash until 2000. Some of the facts have been stipulated and are so found. The stipulation of facts and the accompanying exhibits are incorporated herein. Petitioners resided in Tracy, California, at the time the petition was filed.2 Background In 1993 petitioners acquired 40 acres of land in Tracy, California. Petitioners planted apricot trees on the land for the purpose of commercially farming apricots. Petitioners entered into a management agreement with Stephen Pellegri, Sr. 1In the notice of deficiency, respondent determined that petitioners failed to report dividend income of $80. Petitioners conceded this issue. 2Prior to trial, petitioners filed a motion to shift the burden of proof to respondent. Under sec. 7491(a) of the Internal Revenue Code, the burden of proof shifts to respondent if the taxpayer: (1) Has complied with substantiation requirements under the Internal Revenue Code; (2) has maintained all records required by the Internal Revenue Code and has cooperated with all reasonable requests by respondent for information, documents, meetings, etc.; and (3) introduces credible evidence with respect to any factual issue relevant to ascertaining the liability of the taxpayer for any tax imposed under subtitle A or B. Petitioners have satisfied the requirements of sec. 7491(a). However, as the discussion below shows, the resolution of this case does not depend on which party has the burden of proof, and therefore petitioners’ motion is moot.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011