- 20 - Instead, petitioner asserted that his expenses were too low and that he was taxed using the incorrect rate of tax. Petitioner also informed respondent’s Appeals officer that he could not pay the income taxes, interest, and penalties assessed for 1990, 1991, and 1992. During the telephone discussions, petitioner and the Appeals officer did not discuss collection alternatives. By letter dated January 11, 2000, the Appeals officer confirmed that a telephone conference had occurred, and the Appeals officer canceled the proposed face-to-face meeting. The letter also contained respondent’s proposed findings and invited petitioner to contact the Appeals officer to arrange further telephone discussions if he had any questions. Petitioner did not contact the Appeals officer after receiving the January 11, 2000, letter. On March 23, 2000, respondent issued a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 to petitioner regarding his unpaid income taxes for 1989, 1990, 1991, and 1992. OPINION I. Burden of Proof Generally, the Commissioner’s determinations in a notice of deficiency are presumed to be correct, and the taxpayer bears the burden of proving that the Commissioner’s determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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