Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 8

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               Respondent’s primary position is that petitioners must                 
          include in gross income the amount of disability payments                   
          designated as taxable by STRS because they failed to prove a                
          greater exclusion ratio or amount excludable from gross income.5            
          In addition, respondent argues that respondent should not be                
          estopped from asserting deficiencies in petitioners’ 1999 and               
          2000 taxable years merely because respondent declined to make               
          adjustments in prior years.  In support of this claim, respondent           
          points out that petitioners do not satisfy the requirements of              
          laches, equitable estoppel, or collateral estoppel.                         
          II. Burden of Proof                                                         
               As a general rule, the Commissioner’s determination of a               
          taxpayer’s liability is presumed correct, and the taxpayer bears            
          the burden of proving that the determination is improper.  Rule             
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Although             
          section 7491 may shift the burden to respondent in specified                
          circumstances, petitioners here have not established that they              
          meet the prerequisites under section 7491(a)(1) and (2) for such            
          a shift.  Rather, petitioners did not dispute that they bear the            
          burden.                                                                     






               5 See supra note 4.                                                    





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