- 3 - Payor Form Type of Income Amount Alpine School District W-2 Wages $174 New Mexico Educators FCU 1099-INT Interest 40 State of New Mexico 1099-G State income tax refund 1,029 New Mexico Educational 1099-R Pensions, annuities, 13,004 Retirement Board retirement Social Security Administration1099-SSA Social Security 6,685 In the notice of deficiency, respondent determined that petitioner received unreported gross income of $19,929 in 2002, consisting of the following: Source Amount Wages $174 Interest 40 State income tax refund 1,029 Taxable pension 13,004 Taxable Social Security benefits 5,682 Respondent also decreased petitioners’ Schedule A deductions by $1,791, resulting in a total increase of $21,720 in their taxable income. Discussion In general, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that such determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 7491(a)(1) provides that the burden of proof as to factual matters shifts to the Commissioner under certain limitedPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011