- 9 - 2. Period of Limitations Section 6501(a) generally gives the Commissioner 3 years from the date on which a return is filed to assess a tax as to that return. Petitioner filed his 1997 tax return with the Commissioner on March 26, 1999, and the Commissioner mailed the subject notice of deficiency to petitioner on February 21, 2002. We conclude that respondent’s issuance to petitioner of the notice of deficiency for 1997 was within the 3-year period of section 6501(a).5 3. Self-Employment Expenses In addition to the general burden of proof discussed above, petitioner must prove his entitlement to any deduction, e.g., by maintaining sufficient records to substantiate his claimed deductions. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Lychuk v. Commissioner, 116 T.C. 374, 384 (2001); see also sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Petitioner’s burden requires that he introduce sufficient evidence to: (1) Make a prima facie case establishing that respondent committed the errors alleged in the petition and (2) overcome the evidence favorable to respondent. See Lobe v. Commissioner, T.C. Memo. 2001-204; Lawler v. Commissioner, T.C. Memo. 1995-26. 5 Petitioner asserts on brief that he mailed his 1997 return to the Commissioner on Apr. 20, 1998, and that the return filed on Mar. 26, 1999, was simply a copy of that return. We find these assertions unsupported by the credible evidence in the record and decline to rely upon them.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011