Larry N. Milby - Page 4

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          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 2001           






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