- 3 - additional tax on the distribution. Petitioners prepared their tax return using TurboTax, a tax preparation software program. Respondent determined that the $23,378 distribution was subject to a 10-percent additional tax under section 72(t). Respondent issued petitioners a notice of deficiency on April 18, 2005. Petitioners timely petitioned the Court for redetermination of the deficiency. At some point after the petition was filed, petitioners were divorced. At trial, Ms. Zamanizadeh indicated that she wished to seek relief under section 6015, which is commonly referred to as innocent spouse relief. Petitioner stated that he did not object to Ms. Zamanizadeh’s being granted relief. The Court held the record open to permit Ms. Zamanizadeh to file an administrative claim with respondent. In September 2006, respondent informed the Court that Ms. Zamanizadeh had been granted relief under section 6015(c). The Court then closed the record. 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 the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Pursuant to section 7491(a), the burden of proof as to factual matters shifts to the Commissioner under certain circumstances. We decide this case without regard to the burden of proof.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011