Randal W. Howard - Page 7

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          funds by the taxpayer, the taxpayer has the burden of proving               
          that all or part of those funds is not taxable.  Tokarski v.                
          Commissioner, 87 T.C. 74, 76-77 (1986).                                     
               There is ample evidence linking petitioner to                          
          income-producing activities.  He received wages from Family Life,           
          capital gain and dividends from Phoenix Investment Partners,                
          Social Security benefits, and interest from the Arizona Central             
          Credit Union during the years in issue.  At trial, respondent               
          submitted Forms W-2, Wage and Tax Statement, Forms 1099-MISC,               
          Miscellaneous Income, transcripts from the Social Security                  
          Administration, employer records, and declarations under                    
          penalties of perjury of petitioner’s employer and of a                      
          representative for Phoenix Investment Partners as to the validity           
          of these underlying documents.  The transcripts, declarations,              
          and supporting documents show that petitioner received income               
          during the years in issue.  Thus, petitioner bears the burden of            
          proving respondent’s determinations are in error.  See Edwards v.           
          Commissioner, supra; Weimerskirch v. Commissioner, supra.                   
               2.   Burden of Proof                                                   
               At trial, respondent moved to amend the pleadings to conform           
          to the proof, asserting an increased deficiency and additions to            
          tax for 2000 as a result of respondent’s inadvertent failure to             
          include in petitioner’s income $830.31 of dividends from Phoenix            
          Investments in 2000.  The parties may amend their pleadings only            






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