- 4 - was discovered he had scarlet fever. At this hospital, it was determined that his psychiatric symptomology was due to delirium. During 2001, petitioner received disability pension income of $3,468 from the Defense Finance and Accounting Service. By notice of deficiency, respondent determined that petitioner’s disability pension income of $3,468 from the Defense Finance and Accounting Service in tax year 2001 is not excludable from gross income under section 104(b)(2)(C). Discussion In general, the Commissioner’s determination set forth in a notice of deficiency is presumed correct, and the taxpayer bears the burden of showing that the determination is in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). 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). 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’”. Higbee v. Commissioner, 116 T.C. 438, 442 (2001) (quoting H. Conf. Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747, 994- 995). Section 7491(a)(1) applies only if an individual taxpayer complies with substantiation requirements, maintains all requiredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011