- 6 - of his stock in Edgington Mullins. Petitioner’s return was prepared by a professional tax return preparer, but petitioner acknowledged that he did not inform his tax return preparer that he sold his stock in Edgington Mullins. The return was signed by the tax return preparer on August 5, 2002, and by petitioner on August 10, 2002, but was not received by the Internal Revenue Service until November 2, 2002. By notice of deficiency dated December 22, 2003, respondent determined a deficiency of $6,532, as well as an addition to tax for filing a delinquent return under section 6651(a)(1) and an accuracy-related penalty under section 6662(a). Respondent determined the deficiency based upon petitioner’s receiving unreported income reflected on the Schedule K-1. At trial, respondent conceded that petitioner sold his stock in Edgington Mullins during 2001 and is responsible for only a pro rata share of the items of income and deductions reported on the Schedule K- 1. Respondent, however, asserts that petitioner received unreported capital gains from the sale of his Edgington Mullins stock, and this new issue was tried by the consent of the parties. See Rule 41(b). Discussion In general, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that the determinations are in error. RulePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011