Nader Ghazitehrani and Farzaneh Zamanizadeh - Page 4

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          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.                     






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