- 5 - he contacted MetLife to question the accuracy of the $6,005 figure. Petitioner spoke to a number of MetLife employees, but MetLife did not provide a copy of the Form 1099-MISC or other relevant information until respondent served MetLife with a subpoena before trial. Discussion 1. Income From Farmers Gross income includes all income from whatever source derived unless excluded by a specific provision of the Internal Revenue Code. Sec. 61(a). A taxpayer generally must report income for the taxable year when actually or constructively received. Sec. 1.451-1(a), Income Tax Regs. In general, the taxpayer bears the burden of proving the Commissioner’s determination is erroneous. See sec. 7491(a);2 Rule 142(a). When the Commissioner determines that a taxpayer received unreported income, however, the Commissioner must establish “‘some evidentiary foundation linking the taxpayer’” to the income-producing activity or introduce substantive evidence “‘demonstrating that the taxpayer received unreported income’”. Krohn v. Commissioner, T.C. Memo. 2005-145 (quoting Weimerskirch 2 Sec. 7491 does not shift the burden of proof to respondent because petitioners have neither alleged that sec. 7491 is applicable nor established that they complied with the requirements of sec. 7491(a)(2)(A) and (B) to substantiate items, maintain required records, and fully cooperate with respondent’s reasonable requests.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011