- 6 - On April 22, 2002, petitioner’s petition in this case was filed.4 On September 1, 2002, petitioner and Mrs. Barkley filed a joint Form 1040X, Amended U.S. Individual Income Tax Return, for the taxable year 1998. On the Form 1040X, petitioner reported as gross income only half of the 1998 distribution from the plan, thus reducing his taxable income by $73,746. Petitioner also reported that he owed an additional 10-percent tax for early distributions, in the amount of $7,374, on only one-half of the 1998 distribution. Petitioner prepared an amended petition in this case asserting the same position with respect to the 1998 distribution as that taken on his 1998 amended income tax return; the amended petition was filed on January 7, 2003. OPINION I. Burden of Proof Ordinarily, a taxpayer has the burden of proving that the Commissioner’s determination is in error. Rule 142(a). If, however, a taxpayer produces credible evidence with respect to any factual issue relevant to ascertaining the tax liability of the taxpayer, the burden of proof shifts to the Secretary, but only if the taxpayer has complied with substantiation 4Petitioner’s petition was mailed on Apr. 13, 2002.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011