- 3 - (The Gus Team, Have-a-Party Productions, Johnny B. Soroka, Randall L. Biagi, Bay Area Motorcycle Training, Earl Heckscher Orchestra, Kellco Training Institute, Debs Motorcycle Training, James Labarbera, Hornblower Yachts, Joel Nelson Productions, Bonnie Kellogg/Two Wheel Safety, and Mark William Lytal) reporting that petitioner received the aforementioned income during the years in issue. No Federal income tax was withheld from the aforementioned income. Petitioner did not cooperate with respondent at any time during the administrative or judicial process. Petitioner failed to meet with or to provide respondent with any information that would have enabled respondent to properly determine petitioner’s tax liability. OPINION A. Burden of Proof Generally, respondent’s deficiency determinations set forth in the notices of deficiency are presumed correct, and petitioner bears the burden of showing the determination is in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). There are exceptions to this rule. Section 7491(a) shifts the burden of proof to the Commissioner with respect to a factual issue affecting the tax liability of a taxpayer who meets certain preliminary conditions. Petitioner failed to cooperate with respondent and did notPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011