Tunji and Christina Mabinuori - Page 6

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          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.                                                        





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