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Petitioner timely petitioned this Court to redetermine
respondent’s adjustments and the section 6662(a) penalty. On a
date not specified in the record, petitioner requested a meeting
with respondent’s counsel to discuss the present case. Although
a meeting was scheduled, petitioner failed to attend.
Discussion
Schedule C Deductions
Burden of Proof
Generally, the Commissioner’s determinations are presumed
correct, and the taxpayer bears the burden of proving that those
determinations are erroneous. Rule 142(a)(1); Welch v.
Helvering, 290 U.S. 111, 115 (1933). However, the burden of
proof may shift to the Commissioner under section 7491(a) if the
taxpayer has produced credible evidence relating to the tax
liability at issue and has met his substantiation requirements,
maintained required records, and cooperated with the Secretary’s
reasonable requests for documents, witnesses, and meetings.
Petitioner argues that the summary affidavit of facts he
produced at the January 27, 2003, meeting is sufficient proof of
his Schedule C deductions. We construe his argument, at least in
part, to be that the affidavit is also sufficient under section
7491(a) to shift the burden of proof to respondent.
The affidavit that petitioner submitted to respondent and to
this Court is not sufficient to satisfy the requirements in
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