-3- year. In a notice of deficiency dated January 28, 2004, respondent determined the above-stated deficiency and additions to tax. Petitioner timely filed a petition disputing the determinations.2 Petitioner did not submit a pretrial memorandum as required by the Court’s standing pretrial order. At calendar call, petitioner did not appear, but the Court had before it and granted petitioner’s motion for a trial time and date certain. At trial, petitioner did not personally appear but was represented by counsel. Petitioner’s counsel did not introduce any evidence on petitioner’s behalf at trial and failed to file an opening brief following the trial. OPINION 1. Unreported Income As a general rule, the Commissioner’s determinations of deficiencies in tax set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that these determinations are in error. Rule 142(a); Welch v. 2 On Apr. 30, 2004, the Court filed as a petition a letter received from petitioner. By an order dated May 10, 2004, the Court directed petitioner to file an amended petition complying with the Rules of the Court as to form and content of a proper petition by June 24, 2004. Despite issuance by the Court of several orders to petitioner in the ensuing months, petitioner did not submit an amended petition to the Court until Apr. 28, 2005.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011