Kenneth W. Guthrie - Page 5

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               During 2000 and 2001, petitioner received ordinary dividends           
          totaling $50 and $21, respectively.  During 2000 and 2001,                  
          petitioner received interest totaling $587 and $434,                        
          respectively.                                                               
               Respondent mailed petitioner separate notices of deficiency            
          determining deficiencies and additions to tax for 2000 and 2001.            
          Petitioner received these notices of deficiency.                            
                                       OPINION                                        
          I.   The Deficiency                                                         
               As a general rule, the taxpayer bears the burden of proving            
          the Commissioner’s deficiency determinations incorrect.  Rule               
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Section              
          7491(a), however, provides that if a taxpayer introduces credible           
          evidence and meets certain other prerequisites, the Commissioner            
          shall bear the burden of proof with respect to factual issues               
          relating to the liability of the taxpayer for a tax imposed under           
          subtitle A or B of the Code.  Additionally, section 6201(d)                 
          provides that if a taxpayer asserts a reasonable dispute with               
          respect to any item of income reported on an information return             
          filed with the Secretary by a third party and the taxpayer has              
          fully cooperated with the Secretary, the Secretary shall have the           
          burden of producing reasonable and probative information                    
          concerning such deficiency in addition to such information                  
          return.                                                                     






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