- 4 - respect to petitioner’s taxable year 1999.1 In Form 1040X, petitioner claimed an overpayment and refund of $6,243. In Form 1045, petitioner claimed an overpayment and refund of $6,735. In Form 843, petitioner claimed a refund of $7,099. Respondent issued to petitioner a notice of deficiency (notice) for her taxable year 1999. As noted above, respondent conceded the deficiency determined in the notice. OPINION Petitioner bears the burden of proving that she made an overpayment for her taxable year 1999. See Rule 142(a);2 Welch v. Helvering, 290 U.S. 111, 115 (1933). In support of her position that she made an overpayment for her taxable year 1999, petitioner relies on her own self-serving testimony and certain documentary evidence. With respect to petitioner’s testimony, we found her testimony to be vague, uncorroborated, and incomprehensible in many respects. We shall not rely on petitioner’s testimony to establish her position in this case that she made an overpayment for 1999. With respect to the documentary evidence on which petitioner relies, petitioner introduced into the record, inter alia, her 1Form 1040X, Form 1045, and Form 843 also indicated that such forms related to a fiscal year ended Apr. 15, 2000. 2All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011