- 3 - 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. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011