- 6 - 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 liabilityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011