- 3 - apartments with separate entrances. The apartment at 4219 Zamora Street has one bedroom, and the apartment at 4221 Zamora Street has two. Erica, Tanya, and Ivan had keys to both apartments and ate meals sometimes in one or the other apartment. Petitioner filed a timely Federal income tax return for the 2001 taxable year. The return reflected an address of “4221 Zamora Street” and reported total income of $11,000. Petitioner filed as a “head of household” and claimed dependency exemption deductions for Erica and Ivan, but not Tanya. Petitioner also claimed an additional child tax credit of $22 and an earned income credit of $4,008 with Erica and Ivan as qualifying children. Respondent issued petitioner a notice of deficiency dated November 15, 2002.1 Discussion Section 7491(a) provides that in a court proceeding, the burden of proof with respect to any factual issue shifts to the 1 The notice of deficiency included a rate adjustment credit of $138.65, which petitioner had not claimed in his 2001 tax return. The Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16, sec. 101(a), 115 Stat. 38, 41-42, created a new regular income tax bracket of 10 percent for taxable years beginning after Dec. 31, 2000. See sec. 1(i). Congress decided to implement the 10-percent rate bracket for 2001 via a rate reduction credit for that taxable year. See secs. 1(i)(1)(D), 6428; H. Conf. Rept. 107-84, at 5-6 (2001). The maximum amount of the rate reduction credit depends upon a taxpayer’s filing status for 2001, and thus it is computational. See sec. 1(i)(1)(B).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011