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