- 6 - Petitioner was not credible. His testimony was questionable in certain material respects, and under the circumstances presented here, we are not required to, and generally do not, rely on petitioner’s testimony to sustain his burden of establishing error in respondent’s determinations. See Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159; Tokarski v. Commissioner, supra at 77. Accordingly, we sustain respondent’s determination regarding the unreported income for all the years. C. Additions to Tax Section 7491(c) requires that respondent bear the burden of production regarding additions to tax. To meet this burden, respondent must present evidence indicating that it is appropriate to impose the addition to tax. See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Section 6651(a)(1) imposes an addition to tax for failure to file a return on the date prescribed (determined with regard to any extension of time for filing), unless the taxpayer can establish that such failure is due to reasonable cause and not due to willful neglect. Petitioner admitted he did not file tax returns for 1998, 1999, 2000, and 2001. Thus, respondent satisfied his burden of production.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011