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timely, pay timely,3 and make estimated tax payments. Respondent
then issued a notice of deficiency to petitioner for 2000, and
petitioner timely filed a petition contesting all of respondent’s
determinations in the deficiency notice.
OPINION
The Commissioner’s determination in the notice of deficiency
is presumed correct, and the taxpayer bears the burden of proving
otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115
(1933). The burden of proof may, under certain circumstances,
shift to the Commissioner with respect to a factual issue
affecting the taxpayer’s liability for tax. Sec. 7491(a). The
burden of proof does not shift in this case, however, because
petitioner failed to introduce credible evidence, maintain
adequate records, satisfy substantiation requirements, or
cooperate with respondent. Id.
After carefully considering the facts, we conclude that
petitioner has failed to prove that respondent’s deficiency
determination in the notice was incorrect. The definition of
gross income under section 61(a) broadly encompasses any
accession to a taxpayer’s wealth. United States v. Burke, 504
U.S. 229 (1992); Commissioner v. Glenshaw Glass Co., 348 U.S.
426, 431 (1955). Compensation for services and dividends are
specifically included in that definition. Sec. 61(a)(1), (7).
3See supra note 2.
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