- 8 - v. Commissioner, 832 F.2d 986, 987 (7th Cir. 1987); Newman v. Schiff, 778 F.2d 460, 467 (8th Cir. 1985). C. Respondent’s Determinations Were Correct Generally, absent application of special statutory provisions or principles, the Commissioner's determinations in a notice of deficiency are presumptively correct, and the taxpayer has the burden of proving that those determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). However, section 6201(d) provides that the Secretary shall have the burden of producing, in addition to any information returns, reasonable and probative information concerning a deficiency where a taxpayer has asserted a "reasonable dispute" regarding an item of income reported on a third-party information return and has "fully cooperated" with the Secretary. See Miner v. Commissioner, T.C. Memo. 2003-39; Gussie v. Commissioner, T.C. Memo. 2001-302. Respondent conceded at trial certain amounts determined in the notice of deficiency he had issued to petitioner. Petitioner acknowledged receiving the amounts indicated on the remaining third-party information returns but argued that the payments did not constitute income. We find that petitioner’s argument does not raise a reasonable dispute with respect to the items of income reported in the information returns. See Parker v. Commissioner, 117 F.3d 785, 787 (5th Cir. 1997) (noting that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011