- 3 - of Federal income taxes that were withheld from his wages by his employers during those years. Respondent subsequently issued to petitioner statutory notices of deficiency for 1999 and 2002. Respondent determined that the forms submitted by petitioner do not constitute Federal income tax returns and that the wages earned by petitioner in 1999 and 2002 are income. Discussion The Commissioner’s determinations are presumed correct, and generally taxpayers bear the burden of proving otherwise. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 7491(a)(1) provides that if, in any court proceeding, the taxpayer introduces credible evidence with respect to factual issues relevant to ascertaining the taxpayer’s liability for a tax, the burden of proof with respect to such factual issues will be placed on the Commissioner. See Higbee v. Commissioner, 116 T.C. 438, 440-441 (2001). Petitioner has not raised the issue of section 7491(a)(1), nor has he introduced any credible evidence with respect to the factual issues. Therefore, section 7491(a)(1) does not apply. Whether Petitioner Timely Filed His Tax Returns The majority of courts, including this Court, have held that, generally, a return that contains only zeros is not a valid return. Cabirac v. Commissioner, 120 T.C. 163, 169 (2003). APage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011