- 4 - We therefore conclude that the unreported amounts are includable in petitioner’s gross income and are taxable. Accordingly, we sustain respondent’s deficiency determination. Additions to Tax We next address additions to tax. Respondent determined petitioner was liable for an addition to tax of $1,371 under section 6651(a)(1) for failure to file timely. Section 6651(a)(1) provides for an addition to tax for failure to file a tax return on or before the specified filing date. Respondent bears the burden of production with respect to any additions to tax. See sec. 7491(c). In order to meet this burden, respondent must produce sufficient evidence establishing that it is appropriate to impose the additions to tax. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Once respondent has done so, the burden of proof is upon petitioner to persuade the Court that respondent’s determination is incorrect. See id. Having produced a certified transcript with no record of petitioner’s 2000 tax return, respondent has met his burden of producing evidence that petitioner failed to file a return for 2000. See Mehner v. Commissioner, T.C. Memo. 2003-203 (Commissioner’s initial burden of production is satisfied where it is established that Commissioner has no record of a return). The burden therefore shifts to petitioner to prove that he eitherPage: Previous 1 2 3 4 5 6 7 Next
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