- 4 - taxable year 2001. In the 2001 notice, respondent determined that petitioner has unreported wage income of $30,877 for his taxable year 2001. In the 2001 notice, respondent further determined that petitioner is liable for that year for additions to tax under sections 6651(a)(1) and (2) and 6654(a). OPINION Respondent acknowledges that section 7491(a) is applicable in the instant case. Respondent argues, however, that petitioner has failed to carry his burden of showing that he has satisfied the applicable requirements of section 7491(a)(2). Consequently, according to respondent, the burden of proof in this case does not shift to respondent under section 7491(a). On the record before us, we agree with respondent. We find that petitioner has the burden of proving that the respective determinations in the 1998 notice and in the 2001 notice are wrong. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). That this case was submitted under Rule 122 does not change that burden or the effect of a failure of proof. See Rule 122(b); Borchers v. Commissioner, 95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir. 1991). With respect to respondent’s respective deficiency determi- nations for the years at issue, the record establishes that petitioner received wage income and unemployment compensation in 1998 of $15,406 and $9,375, respectively, and wage income in 2001Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011