- 12 - Petitioner also contends that the fact that respondent had JRC and RSC Forms 1120S and Schedules K-1 for 2001 when respondent issued the notice of deficiency causes the notice of deficiency to be inadequate under section 7522(a). Petitioner gives no reason to support that contention. We conclude that petitioner’s reliance on section 7522(a) is misplaced. 3. Conclusion We conclude that petitioner bears the burden of proving he is entitled to deductions he claimed on his late return, and that he has not carried that burden. Thus, he may not deduct expenses that flowed through from JRC and RSC in 2001. C. Whether Petitioner Is Liable for the Addition to Tax for Failure To Timely File His 2001 Return 1. Burden of Production Section 7491(c) places on the Commissioner the burden of producing evidence that a taxpayer is liable for an addition to tax or penalty. Respondent has met the burden of production under section 7491(c) with respect to the addition to tax for failure to timely file a return under section 6651(a)(1) by showing that petitioner filed his 2001 return on March 2, 2005. 2. Whether Petitioner Had Reasonable Cause for Failure To Timely File His 2001 Return Once the Commissioner meets the burden of production, the taxpayer must, in order to not be found liable for the addition to tax, produce evidence that the Commissioner’s determination isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011