Judith M. De Shon and Michael J. De Shon - Page 7

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          790 and 879.  Discover addressed both Forms 1099-C to Mrs. De               
          Shon at her current mailing address.  In the Forms 1099-C,                  
          Discover reported that it had canceled the debt due on accounts             
          790 and 089 of $8,637 and $3,616, respectively, on December 31,             
          2001.  Petitioners did not contact Discover with respect to                 
          either of the Forms 1099-C.                                                 
               On their Federal income tax return for 2001, petitioners did           
          not report the amounts reported on the Forms 1099-C.                        
               Respondent determined that petitioners failed to report on             
          their tax return for 2001 income from the cancellation of                   
          indebtedness of $12,253.  Respondent further determined that                
          petitioners are liable for the accuracy-related penalty for                 
          substantial understatement of income tax.                                   
                                     Discussion                                       
          A.   Discharge of Indebtedness                                              
               1.   Applicable Principles                                             
               Generally, the Commissioner’s determinations are presumed              
          correct, and the taxpayer bears the burden of proving that those            
          determinations are erroneous.  Rule 142(a); Welch v. Helvering,             
          290 U.S. 111, 115 (1933).  Under section 7491(a)(1), however, the           
          burden of proof shifts to the Commissioner if, inter alia, the              
          taxpayer first introduces credible evidence with respect to any             
          factual issue relevant to ascertaining the taxpayer’s liability             







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