Edgar B. and Monica Alacan - Page 6

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               The burden of proof with regard to this issue is on                    
          respondent because he asserted an increased deficiency in an                
          amended pleading.  Rule 142(a).  Respondent established                     
          petitioners’ receipt of the State income tax refund and                     
          accompanying interest income by placing into evidence certified             
          documents from the New York State Department of Taxation and                
          Finance, which report that petitioners received a State income              
          tax refund and interest income with regard to the State income              
          taxes paid for 1998 in 1999.  Further, the parties placed into              
          evidence petitioners’ 1998 tax return, which reported a claimed             
          deduction for State income taxes paid in 1998 that reduced                  
          petitioners’ tax for 1998, and petitioners’ 1999 tax return,                
          which did not report as income the State income tax refund and              
          interest income received in 1999.                                           
               Petitioners did not provide any evidence to dispute their              
          receipt of the refund and interest income in 1999 and their                 
          failure to report such as income on their 1999 tax return.  In              
          fact, the parties stipulated that petitioners received the State            
          income tax refund and applicable interest income in 1999 and did            
          not include such income on their 1999 tax return.  On the basis             
          of the evidence on the record, we hold that petitioners are                 
          liable for the increased deficiency because of their receipt of a           
          State income tax refund and applicable interest income during               
          1999.                                                                       






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