- 4 - the entire year. Respondent prepared a substitute return for petitioner’s 2002 tax year under section 6020(b). OPINION The main thrust of petitioner’s position is that he owes no tax because “respondent still has yet to identify a statutory duty (obligation) to petitioner, which shows a tax due and owing to the U.S. Treasury.” Petitioner also contends that respondent has failed to “show who created the Notice of Deficiency * * *, if the individual had proper authority * * *, or if procedures were followed in determining a deficiency existed.” First we address whether respondent has any burden to show that his determination of the 2002 income tax deficiency is correct.4 Generally, taxpayers bear the burden of proving that the Commissioner’s determination is in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The burden of proof with respect to a factual issue relevant to liability for tax may shift to respondent where a taxpayer produces credible evidence and certain other statutory requirements are met by the taxpayer. Sec. 7491(a). In this case, petitioner has not produced any credible evidence and has not shown that he meets the statutory criteria for shifting the burden to respondent. 4 Respondent has admitted that he has the burden of production with respect to the additions to tax and penalties. See sec. 7491(c).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011