- 4 - employment income tax are the correct amounts imposed by section 1 and section 1401, respectively, on this income. Respondent seeks to increase the deficiency above which was determined in the notice of deficiency. Respondent bears the burden of proof with respect to an increased deficiency. Rule 142(a). However, due to petitioner’s admissions concerning his receipt of the income, there are no factual issues remaining with respect to which respondent must meet this burden. Respondent explains the increased deficiency as follows: Prior to the issuance of the notice of deficiency, respondent assessed taxes of $7,398 against petitioner for 1999. This assessment was made in the form of an assessment due to a “mathematical or clerical error” under the authority of section 6213(b)(1). The amount of the assessment was based upon the amounts of income shown on the Forms W-2 and Form 1099-R attached to petitioner’s Form 1040A. After this assessment, respondent issued petitioner the notice of deficiency underlying this case, with respect to the additional income which had not been reflected in the initial assessment. The total of the amounts of the initial assessment, $7,398, and the deficiency in the notice, $1,665, is $9,063. The total deficiency now sought by respondent is $8,950. The discrepancy results from respondent’s erroneous classification of $1,000 of income as self-employment income in the notice of deficiency. This error, which reduces thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011