Padgett Coventry Price - Page 23

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          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).                                     




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