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Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs,
Insurance Contracts, etc., reflecting such distribution.
On January 21, 2004, respondent issued petitioner notices of
deficiency relating to 1998, 2000, and 2001. In the notices,
respondent determined that petitioner received unreported income,
did not file Federal income tax returns relating to those years,
and did not pay sufficient estimated taxes relating to 2001. On
April 30, 2004, petitioner filed his petition, and on June 15,
2004, respondent filed his answer.
Petitioner resided in Tyler, Texas, at the time he filed his
petition.
OPINION
Generally, a notice of deficiency is presumed correct, and
the taxpayer bears the burden of proving that the determination
is erroneous. Welch v. Helvering, 290 U.S. 111, 115 (1933). The
Court of Appeals for the Fifth Circuit, where an appeal would
lie, has recognized, however, that “a court need not give effect
to the presumption of correctness in a case involving unreported
income if the Commissioner cannot present some predicate evidence
supporting its determination.” Portillo v. Commissioner, 932
F.2d 1128, 1133 (5th Cir. 1991), affg. in part and revg. and
remanding in part T.C. Memo. 1990-68.
Petitioner raises numerous meritless contentions; concedes
that he provided services to HMC, SRAM, and VRI; and does not
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