Frederick Douglas Abdullah - Page 8

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                                     Discussion                                       
          I.  Burden of Proof                                                         
               Generally, the burden of proof is on the taxpayer.  Rule               
          142(a)(1).  Under section 7491, the burden of proof shifts from             
          the taxpayer to the Commissioner if the taxpayer produces                   
          credible evidence with respect to any factual issue relevant to             
          ascertaining the taxpayer’s liability.  Sec. 7491(a)(1).                    
          However, where the Commissioner raises a new matter or claims an            
          increase in the deficiency, the burden of proof is on the                   
          Commissioner.  Rule 142(a)(1); Achiro v. Commissioner, 77 T.C.              
          881, 889-890 (1981); Burris v. Commissioner, T.C. Memo. 2001-49;            
          Jamerson v. Commissioner, T.C. Memo. 1986-302.                              
               As to the adjustments set forth in the notice of deficiency,           
          petitioner has neither argued that the burden of proof should               
          shift nor satisfied the criteria that would cause the burden of             
          proof to shift.  Given the lack of documentation and information            
          provided by petitioner, we conclude that the burden of proof                
          remains with him as to all adjustments determined in the notice             
          of deficiency.  We further hold that the burden of proof is on              
          respondent with respect to the adjustments claimed in the answer            
          filed with the Court.                                                       
          II.  Petitioner’s Employment Status                                         
               A.  Income--Employee Versus Independent Contractor                     
               As indicated previously, this is a new issue first raised by           
          respondent in his answer, and accordingly the burden of proof is            




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