Robert D. Hill - Page 5

                                         -5-                                          
          income of $106,077 and of $266.  The letter also reflected an               
          addition to tax of $7,113.60 under section 6651(a)(1) for failure           
          to file timely his 1999 return and an accuracy-related penalty of           
          $7,113.60 under section 6662(a) and (b)(1) for negligence.  On              
          October 24, 2001, petitioner acknowledged the receipt of                    
          respondent’s letter.  In an attachment to his response,                     
          petitioner stated in part:                                                  
                    This is in reply to your letter of Oct. 15th 2001                 
               in which you notified me that “We have changed/adjusted                
               your return.”                                                          
               *       *       *       *       *       *       *                      
               You have no legal authority to “change/adjust” my                      
               return, nor to assess any amount other than what is                    
               shown on my return, and if any IRS employee attempts to                
               do otherwise, they will do so at their own criminal                    
               and/or civil peril.                                                    
               Petitioner’s statements in the attachment are similar to the           
          tax protester statements contained in a letter sent by the                  
          taxpayer in Kaye v. Commissioner, T.C. Memo. 2003-74.  The other            
          correspondence in the record between petitioner and respondent              
          also includes tax protester statements advanced by petitioner.              
                                       OPINION                                        
          A.   Burden of Proof                                                        
               Respondent’s determinations of deficiencies in the notice of           
          deficiency are presumed correct, and petitioner bears the burden            
          of proving those determinations wrong.  Rule 142(a); Welch v.               
          Helvering, 290 U.S. 111, 115 (1933).  Section 7491 shifts to the            






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