- 6 - There is ample evidence linking petitioner to income- producing activities. He received nonemployee compensation from Wendell Builders, Inc., Walker Custom Homes, and Paul Development, Inc., and Social Security benefits. At trial, respondent submitted Forms 1099-MISC, Miscellaneous Income, a certified transcript from the Social Security Administration, nonemployee compensation payor records, and declarations under penalties of perjury of those payors 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 Respondent bears the burden of proving the increased addition to tax raised in the pleadings. See Rule 142(a). This increase is computational. Petitioner contends that respondent generally bears the burden of proof. We disagree. The burden of proof for a factual issue relating to liability for tax may shift to the Commissioner under certain circumstances. Sec. 7491(a). Under section 7491(a), the burden of proof with respect to a factual issue relevant to a taxpayer’s liability for tax shifts from the taxpayer to the Commissioner if, inter alia, the taxpayer has:Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011