William H. Johnston and Nancy S. Johnston - Page 6

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               Petitioners received income in the amounts respondent                  
          determined and did not file income tax returns for the years in             
          issue.5  Petitioners point out that respondent determined that              
          petitioners are not entitled to deductions for business expenses            
          to which petitioners claim they are entitled.  However,                     
          petitioners offered no evidence contrary to respondent’s                    
          determination.                                                              
               We conclude that petitioners are each liable for                       
          deficiencies in the amounts that respondent determined for 1994,            
          1996, and 1997.                                                             
          B.   Additions to Tax                                                       
               Petitioners admit that they did not file income tax returns            
          for 1994, 1996, and 1997, and that they received income in those            
          years in the amounts respondent determined.  The parties                    
          stipulated to transcripts of account which show that (1) taxes              
          were underwithheld from petitioners’ income for 1997 and                    
          (2) petitioners did not pay estimated tax for 1997.  Respondent             
          has met the burden of production under section 7491(c) as to the            
          additions to tax under section 6651(a) for failure to file for              
          1994, 1996, and 1997, and under section 6654 for failure to pay             


               5  Petitioners do not contend and have offered no evidence             
          showing that sec. 7491(a) applies in this case.  Taxpayers bear             
          the burden of proving that they have met the requirements of sec.           
          7491(a).  H. Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747,           
          993; S. Rept. 105-174, at 45 (1998), 1998-3 C.B. 537, 581.                  






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