- 8 - whether the amount of unreported income determined by respondent is excessive.2 3. Unreported Receipts From Tax Preparation Business Petitioner contends that he reported all of the receipts shown on the bank records for his tax preparation business. We disagree based on the responses to respondent’s survey. Petitioner contends that he prepared fewer than 395 returns for each year in issue. We disagree because petitioner’s return preparer number appears on 700 or more returns for each year in issue. Petitioner contends that his return preparer number appeared on more than one income tax return for each client for a given tax year. There is no evidence supporting petitioner’s position. He offered in evidence a computer printout entitled “1992 Preparer Fee Reconcilement”, which petitioner testified was a printout of what the bank told him was money the bank deposited in his account in 1992; about 350 2-inch by 8-inch strips of paper entitled “Refund Anticipation Loan, 1992 Tax Year, Tax Preparer’s Receipt” with a check number, Social Security number, name, and address of a taxpayer on each strip; and 25 client 2 Petitioner contends that respondent bears the burden of proof but does not state the grounds for this contention. The examination began before July 22, 1998. Sec. 7491 applies to court proceedings arising in connection with examinations beginning after July 22, 1998. Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726. Thus, sec. 7491(a) does not apply, and petitioner bears the burden of proof on all issues in this case. Rule 142(a)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011