- 4 - petitioner substantiated his cost basis in the underlying investments and respondent conceded at trial that petitioner is entitled to a net capital loss of $771. In addition, petitioner acknowledged receiving payments from Compton Unified School District (Compton Unified) in the neighborhood of $27,325, but claims that most of these payments were received as workers’ compensation benefits. With regard to the issues for decision, we address each item separately and, for convenience, we combine our findings of fact and conclusions. Discussion In general, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Pursuant to section 7491,3 the burden of proof as to factual matters shifts to respondent under certain circumstances. Petitioner has neither alleged that section 7491(a) applies nor established his compliance with the requirements of section 7491(a)(2)(A) and (B) to substantiate items, maintain records, and cooperate fully with 3 Sec. 7491 applies to court proceedings arising in connection with examinations commencing after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727. It appears that the examination of petitioner’s 1997 tax return commenced after the effective date of sec. 7491.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011