Gabriel T. Lewis - Page 5

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          record that petitioner’s allegations appeared frivolous, and the            
          Court discouraged petitioner from making additional arguments               
          similar to those arguments previously made.  With that                      
          admonishment, the Court gave petitioner an opportunity to respond           
          to respondent’s motion for sanctions.  On June 13, 2005,                    
          petitioner filed a brief wherein he repeats and expands prior               
          frivolous arguments.                                                        
                                     Discussion                                       
               Generally, 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, the burden of proof as to factual matters shifts           
          to the Commissioner if the taxpayer introduces credible evidence            
          and satisfies the requirement to substantiate items.  Sec.                  
          7491(a)(2)(A).  Petitioner has neither alleged that section                 
          7491(a) applies nor established his compliance with the                     
          requirements of section 7491(a)(2)(A) or (B).  In any event,                
          there is no factual dispute.2                                               


               2  As to the additions to tax under secs. 6651(a) and                  
          6654(a), respondent has the burden of production.  Sec. 7491(c).            
          The burden of showing reasonable cause under sec. 6651(a) remains           
          on petitioner.  Higbee v. Commissioner, 116 T.C. 438, 446-448               
          (2001).  With respect to the sec. 6654(a) addition, the burden              
          remains with petitioner to establish applicability of any                   
          exceptions.  Spurlock v. Commissioner, T.C. Memo. 2003-248.                 





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