- 3 - In 1998, a class action lawsuit was initiated against Prudential for misleading its clients about the VAP policies. Petitioner received a settlement in the amount of $6,974.16. Prudential issued petitioner a Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., reporting the $6,974.16 payment. Of this amount, $4,647.83 constitutes a return of petitioner's premiums. The Form 1099-R indicates that the remaining $2,326.33 is a taxable amount. Petitioner timely filed a Form 1040, U.S. Individual Income Tax Return, for tax year 1999, claiming the standard deduction. On his Schedule B, Interest and Ordinary Dividends, petitioner reported $2,326.33 of interest from the Prudential settlement. On that same schedule, petitioner subtracted the $2,326.33 from the subtotal as an "adjustment". Discussion The Commissioner's determinations in the notice of deficiency are presumed correct, and generally, taxpayers bear the burden of proving that the Commissioner's determination of income tax deficiencies is incorrect. Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 7491 was added under the Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105- 206, sec. 3001, 112 Stat. 685, 726. If certain requirements of section 7491 are met, the burden of proof with respect to factualPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011