- 18 - the Secretary for witnesses, information, documents, meetings, and interviews. Sec. 7491(a)(2). Petitioners here did not satisfy the prerequisites under section 7491(a)(1) and (2) for such a shift. Consequently, except for additions to tax subject to section 7491(c), as to which respondent bears the burden of production, petitioners bear the burden of persuasion and the burden of production in this case. B. Filing Requirement The Code imposes a Federal tax on the taxable income of every individual. Sec. 1. Gross income for the purposes of calculating taxable income is defined as “all income from whatever source derived”. Sec. 61(a). Every U.S. resident individual whose gross income for the taxable year equals or exceeds the exemption amount is required to make an income tax return.9 Sec. 6012(a)(1)(A). Petitioners had aggregate gross income totaling at least $44,971.74, and each individually had gross income totaling at least $18,381.08 for taxable year 2001. Both petitioners’ gross incomes exceeded the filing threshold for the 2001 taxable year, and petitioners were, therefore, required to file an income tax return.10 9 Terry denied he was a “U.S. person”; however, at trial, he asserted that he was a “citizen of the United States”. Section 7701(a)(30) defines the term “United States person” as, inter alia, a “citizen or resident of the United States”. 10 In petitioners’ letter, contained in the record, Terry makes reference to the validity of the filing requirement. Our (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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