- 4 - Mexico (Treaty)4 from being taxed by the United States on their receipt of the $137,221. Petitioners testified that the $137,221 was reported incrementally to the Immigration and Naturalization Service upon each entry by petitioner into the United States, but they failed to present any admissible evidence in this proceeding to corroborate that testimony. They sought to introduce into evidence various documents in Spanish, which they claimed would have verified the alleged sale and the subsequent reporting of same to the Mexican authorities. However, petitioners were barred from using these documents at trial because they did not translate and properly authenticate them. OPINION I. Burden of Proof as to Deficiency Taxpayers generally must prove respondent’s determinations wrong in order to prevail. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). As one exception to this rule, section 7491(a) places upon respondent the burden of proof with respect to any factual issue related to a taxpayers’ tax liability if they maintained adequate records, satisfied applicable substantiation requirements, cooperated with respondent, and introduced during the court proceeding credible evidence on the 4 Petitioners refer to the Convention & Protocol for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, Sept. 18, 1992, U.S. - Mex., S. Treaty Doc. No. 103-07, reprinted in 2 Tax Treaties (CCH) at 5903.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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