- 4 - dispute that he received the amounts reflected in the third-party payment reports (e.g., Form W-2 and Form 1099-MISC). Thus, respondent has sufficiently connected petitioner to the underlying activities relating to the unreported income. Parker v. Commissioner, 117 F.3d 785, 787 (5th Cir. 1997)(when the taxpayer does not dispute the receipt of unreported income, respondent “has no duty to investigate a third-party payment report”). As a result, respondent’s determinations are presumed correct, and petitioner bears the burden of proof. Petitioner, however, failed to present any credible evidence to counter respondent’s determinations.2 Accordingly, we sustain the deficiencies as determined by respondent. Respondent also determined additions to tax for failure to file tax returns, pursuant to section 6651(a)(1), and pay estimated income tax, pursuant to section 6654(a). Respondent, pursuant to section 7491(c), has met his burden of production relating to both additions to tax. He established that petitioner failed to file his 1998, 2000, and 2001 tax returns and pay his 2001 estimated taxes. Niedringhaus v. Commissioner, 99 T.C. 202, 220-223 (1992). Petitioner’s failure to file was not due to reasonable cause, and he does not meet any of the exceptions to section 6654(a). Accordingly, we sustain the 2 Sec. 7491(a) is inapplicable because petitioner failed to introduce credible evidence within the meaning of sec. 7491(a)(1).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011