- 7 - 2. Petitioners' Schedule E During 1999, petitioners owned a house in Lithonia, Georgia. Petitioner received approval from DeKalb County, Georgia, to participate in its public assistance program. Petitioner received rents of $11,405 for his tenants from DeKalb County under that program. On their Schedule E for 1999, petitioners reported a rental real estate loss of $2,635 from the rental of the house. Petitioners offset the rental real estate loss against the wage income earned from Eli Lilly. Respondent disallowed petitioners' rental real estate loss. C. Accuracy-Related Penalty Respondent also determined that petitioners are liable for an accuracy-related penalty under section 6662(a). Discussion Under section 7491(a)(1), the burden of proof may shift to the Commissioner. Because petitioners failed to meet the requirements of section 7491(a)(2), the burden of proof does not shift to respondent in this case. As to the accuracy-related penalty, respondent has the burden of production; the burden of persuasion remains with petitioners. See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Respondent's determinations are presumed correct, and petitioners bear the burden of proving otherwise. Welch v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011