-6- Commissioner the burden of proof as to determined deficiencies when the taxpayer establishes that he or she met certain requirements. Petitioner has not established that he has met those requirements. Section 7491(c) requires that the Commissioner bear the burden of production as to the additions to tax and penalties. In order to meet this burden, the Commissioner must present evidence indicating that it is appropriate to impose an addition to tax or a penalty. See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner meets his burden of production, the taxpayer must come forward with evidence sufficient to persuade a Court that the Commissioner’s determination is incorrect. Id. B. Whether Petitioner Had Unreported Income In his petition, petitioner asserted that respondent erred in attributing income to petitioner which he did not receive “for any taxable source within or without the United States”. We disagree that respondent erred as asserted. First, petitioner received $106,077 from LLC during 1999. Under section 61(a), this amount, which is an accession to petitioner’s wealth, is includable in his gross income absent a determination that it falls within a statutory exclusion. Sec. 61(a); United States v. Burke, 504 U.S. 229, 233 (1992); Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955). Petitioner has failed to presentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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