- 3 - Church2 for 2002 and 2003. The revised list for 2002 shows weekly contributions broken down as, Tithes-$100, Pastor’s Offering-$20, and Utilities Fund-$5. The revised list for 2003 shows weekly contributions broken down as, Tithes-$90 and Pastor’s Offering-$25, except that for one week it shows Tithes- $100, Pastor’s Offering-$20, and Utilities Fund-$15. Respondent determined that neither list is a reliable written record sufficient to substantiate petitioner’s claimed charitable contributions. Petitioner’s original and revised lists were neither dated nor signed by a representative of the church. Petitioner’s lists were written with the help of his tax preparer, Chester Muhammad, with information provided by petitioner. Petitioner had a checking account in 2002 and 2003, but made no contributions by check. Discussion As a general rule, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of proving that these 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 issues may shift to the Commissioner where the taxpayer 2 Petitioner clarified at trial that although he listed the church as Faith Tabernacle Baptist Church on his revised statement, the correct name was Faith Tabernacle Church.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011