Jesse and Tawara Goode - Page 6

                                         -6-                                          
          petitioners reported only the $15,904.33 severance payment, as              
          properly reflected in a Form W-2, Wage and Tax Statement, which             
          was duly issued by the District.                                            
               The District’s Office of the Chief Financial Officer (the              
          OCFO) issued a Form 1099-Misc., for the 2001 taxable year that              
          was faulty in two respects:  it erroneously disclosed the                   
          disputed settlement amount as $357,462, and was never delivered             
          to petitioners.  A corrected Form 1099-Misc., for taxable year              
          2001 (the restated 1099) inaccurately restated the disputed                 
          settlement amount as $119,154.33, listed an incorrect address for           
          petitioner under the form’s appropriate caption (corresponding to           
          the address of one of the law firms that represented petitioner             
          in the settlement), and was not ultimately sent to petitioner’s             
          correct address until March 24, 2004.  Correspondence from the              
          OCFO to petitioner, dated March 22, 2004, indicates that the                
          numerical error in the restated 1099 is the result of including             
          the $15,904.33 severance payment in the disputed settlement                 
          amount and excluding the $31,750 attorney’s fees compensation.              
                                       OPINION                                        
          1.   Burden of Proof                                                        
               The parties dispute whether the burden of proof in this case           
          has been shifted to respondent pursuant to section 7491.  Section           
          7491(a) imposes the burden of proof on respondent if the taxpayer           
          introduces credible evidence with respect to any factual issue,             






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