- 7 - Petitioner contends that respondent bears the burden of proof on the grounds that he is innocent until proven guilty. Petitioner incorrectly relies on the burden of proof that applies to a criminal case. B. Whether Petitioner Had Unreported Income in the Amounts Determined by Respondent Petitioner contests respondent’s determination that petitioner had unreported income of $21,733 in 1993, $18,252 in 1994, $32,014 in 1995, $44,866 in 1996, and $24,650 in 1997. We disagree with petitioner for reasons discussed next. 1. Petitioner’s Contentions Regarding All Years in Issue Petitioner contends that respondent erroneously determined that petitioner is taxable on income reported on several Forms 1099 which misspelled or failed to include an apostrophe in his name. We disagree because petitioner’s Social Security number appears on all of the Forms 1099 at issue. Petitioner points out that respondent withdrew or did not offer into evidence all of the exhibits identified in respondent’s pretrial memorandum. Petitioner contends that this shows that respondent’s determination is incorrect. We disagree. Respondent’s decision not to offer documents into evidence does not benefit petitioner because petitioner bears the burden of proof.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011