Lawrence K. Mudd - Page 4

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               During 1995 and 1996, petitioner was married to Barbara J.             
          Mudd (Mrs. Mudd).  Mrs. Mudd filed a Federal income tax return in           
          each of the years, on which she claimed itemized deductions.                
          Petitioner did not file a Federal income tax return for either of           
          the years.  Respondent issued petitioner a separate notice of               
          deficiency for each year which determined deficiencies using                
          items reported on third-party information returns.  Respondent              
          determined that petitioner’s filing status was married filing               
          separately in each of the years.                                            
               A taxpayer generally bears the burden of proving the                   
          Commissioner’s determinations in a notice of deficiency to be in            
          error.  Rule 142(a).  While section 7491(a) shifts the burden of            
          proof to the Commissioner where the taxpayer presents credible              
          evidence with respect to a factual issue, the burden remains on             
          the taxpayer where the taxpayer failed to comply with all                   
          statutory substantiation requirements.  Under certain                       
          circumstances, section 6201(d) may place the burden of production           
          on the Commissioner with respect to disputes over items of income           
          shown on information returns.                                               
               The first issue for decision is whether petitioner received            
          a distribution of $34,107 from The First National Bank of Ogden             
          (First National) in Ogden, Illinois, in 1995.                               
               At some time in or prior to December 1993, petitioner                  
          established a self-directed IRA account at First National.  In              






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