Pacita Palermo Reyes - Page 7

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          documentation substantiating that petitioner is entitled to the             
          additional child tax credit for the 2002 tax year; and (f) any              
          other additional documentation that may be relevant.                        
               Petitioner did not respond to respondent’s counsel’s letter            
          and did not provide any additional information.  However,                   
          petitioner contends that documentation already in the record of             
          this case substantiates her claims on her 2002 income tax return.           
          The documentation, to which petitioner refers, consists of:  (1)            
          Notarized Certification from her daughter, Ms. Embry, that                  
          petitioner is the only person entitled to claim CJE as a                    
          dependent; (2) two pages of what appears to be a separation                 
          agreement between Mr. Embry and Ms. Embry; however, these pages             
          are not signed by Ms. Embry; and (3) copies of Langly Federal               
          Credit Union statements for the period October 1 through December           
          31, 2002, establishing that she funded a guardian account for               
          CJE.                                                                        
                                     Discussion                                       
               In general, the Commissioner’s determination set forth in a            
          notice of deficiency is presumed correct.  Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  In pertinent part, Rule 142(a)(1)                
          provides the general rule that “The burden of proof shall be upon           
          the petitioner”.  In certain circumstances, however, if the                 
          taxpayer introduces credible evidence with respect to any factual           
          issue relevant to ascertaining the proper tax liability, section            






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