- 23 - determined there was sufficient probable cause to investigate petitioner. CDI was unable to investigate petitioner, however, because of the volume of cases under investigation and a lack of resources at the time. Petitioner’s Alleged Indigence On August 18, 1997, 10 days after submitting her application to increase her benefit on her disability insurance and stating in her application to PRLIC that her annual income was $136,483, petitioner submitted a request for free legal representation from the Public Defender’s Office on the grounds of inability to pay. To establish her indigence, petitioner submitted a financial affidavit to the U.S. District Court for the Central District of California. On this affidavit, which petitioner signed under penalty of perjury, petitioner claimed she earned $500 per month from self-employment, $250 per month from rental income, and $200 per year in interest income. OPINION I. Unreported Income and Disallowed Deductions The Commissioner’s determinations generally are presumed correct, and the taxpayer bears the burden of proving that those determinations are erroneous.1 Rule 142(a); Welch v. Helvering, 1 The examination in this case commenced prior to July 22, 1998. Accordingly, sec. 7491 is inapplicable. See Warbelow’s Air Ventures, Inc. v. Commissioner, 118 T.C. 579, 582 n.8 (2002), affd. 80 Fed. Appx. 16 (9th Cir. 2003).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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