- 6 - The deficiencies also included self-employment taxes for 1999, 2000, and 2001, as respondent determined these commissions constituted self-employment income. Additionally, respondent determined an accuracy-related penalty under section 6662(a) in the amount of $863 only for 2001. The first issue is whether petitioner earned income from American Life during 1999, 2000, and 2001 under section 61(a) based on commissions that he was entitled to after he no longer worked for American Life that were not paid directly to him but were diverted or applied to his debit accounts to offset the balances he owed. The determinations of the Commissioner in a notice of deficiency are presumed correct, and the burden is on the taxpayer to prove that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).8 8Sec. 7491 shifts the burden of proof to the Commissioner if the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining a tax liability provided the taxpayer has maintained books and records and has cooperated with reasonable requests by the Commissioner for witnesses, information, documents, meetings, and interviews. The burden of proof does not shift in this case principally because petitioners did not maintain accurate books and records of the commissions earned by petitioner with American Life. Had petitioners maintained accurate books and records, there likely would have been no need for these proceedings. The questions raised by petitioner are attributable solely to his failure to maintain books and records. Sec. 7491(c), however, places upon the Commissioner the burden of production with respect to any penalty or addition to tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011