Elroy Smith - Page 4

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          reflected wages earned in the amount of $4,400.63.  Petitioner              
          reported business income in the amount of $9,094 from E. Smith              
          Trucking Company, on his 2003 Form 1040, U.S. Individual Income             
          Tax Return.  Petitioner’s normal job schedule during taxable year           
          2003 was to be on the road 3 consecutive weeks, then return to              
          his residence for 3 days, and then go back on the road.                     
               On or about March 27, 2004, petitioner timely filed his Form           
          1040 for taxable year 2003.  Petitioner filed his 2003 Federal              
          income tax return as a head-of-household and claimed a dependency           
          exemption deduction for DS.  Petitioner also claimed an earned              
          income credit with DS as the qualifying child and a child tax               
          credit with DS as the qualifying child.                                     
               On October 12, 2004, respondent issued a notice of                     
          deficiency denying petitioner (1) the claimed dependency                    
          exemption deduction, (2) head-of-household filing status, (3) the           
          claimed earned income credit, and (4) the claimed child tax                 
          credit for taxable year 2003.                                               
                                     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           






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