- 3 - 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 factualPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011