Lorenzo D. Harris - Page 5

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               On December 5, 2003, respondent issued a notice of                     
          deficiency denying petitioner:  (1) The claimed dependency                  
          exemption deduction; (2) head-of-household filing status; (3) the           
          claimed earned income credit; (4) the claimed child tax credit;             
          and (5) the claimed Hope Scholarship Credit for taxable year                
          2002.  Further, respondent changed petitioner’s filing status to            
          single in the notice of deficiency.                                         
                                     Discussion                                       
               In general, the Commissioner’s determination set forth in a            
          notice of deficiency is presumed correct.  Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  In pertinent part, Rule 142(a)(1)                
          provides the general rule that “The burden of proof shall be upon           
          the petitioner”.  In certain circumstances, however, if the                 
          taxpayer introduces credible evidence with respect to any factual           
          issue relevant to ascertaining the proper tax liability, section            
          7491 places the burden of proof on the Commissioner.  Sec.                  
          7491(a)(1); Rule 142(a)(2).  Credible evidence is “‘the quality             
          of evidence which, after critical analysis, * * * [a] court would           
          find sufficient * * * to base a decision on the issue if no                 
          contrary evidence were submitted.’”4  Baker v. Commissioner, 122            
          T.C. 143, 168 (2004) (quoting Higbee v. Commissioner, 116 T.C.              


          4We interpret the quoted language as requiring the                          
          taxpayer’s evidence pertaining to any factual issue to be                   
          evidence the Court would find sufficient upon which to base a               
          decision on the issue in favor of the taxpayer.  See Bernardo v.            
          Commissioner, T.C. Memo. 2004-199.                                          




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