Mark A. Filer and Julie J. Filer - Page 7

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          value of the annuity.  Julie immediately endorsed the check and             
          distributed one-third of such amount each to Mark, Paul, and                
          Heidi.                                                                      
               For the taxable year 2001, Anchor issued a Form 1099-R,                
          Distributions From Pensions, Annuities, Retirement or Profit-               
          Sharing Plans, IRAs, Insurance Contracts, etc., reporting that              
          Julie received a gross distribution of $27,641 and a taxable                
          distribution of $15,936.                                                    
               On their 2001 Federal income tax return, petitioners did not           
          report any part of the $27,641 distribution.  Respondent                    
          determined that petitioners received gross income of $15,936 from           
          the surrender of the annuity.  Respondent further determined that           
          petitioners are liable for the accuracy-related penalty under               
          section 6662(a) for a substantial understatement of income tax.             
               Petitioners timely filed with the Court a petition                     
          disputing the determined deficiency as well as the accuracy-                
          related penalty.                                                            
          Discussion                                                                  
               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).  The burden of proof may shift to the             
          Commissioner under section 7491 in certain circumstances.                   
          Petitioners do not contend that section 7491(a) applies in this             






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