Homer L. Richardson - Page 30

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          II.  Income Tax Deficiencies - Unreported Income                            
               The Internal Revenue Code imposes a Federal tax on the                 
          taxable income of every individual.  Sec. 1.  Section 61(a)                 
          defines gross income for purposes of calculating taxable income             
          as “all income from whatever source derived”.  Respondent has               
          determined that petitioners were required to include in their               
          gross income, and failed to report on their Forms 1040, the                 
          receipts they instead attributed to HGAMC.                                  
               A.  Burden of Proof                                                    
               As a general rule, the Commissioner’s determinations are               
          presumed correct, and the taxpayer bears the burden of proving              
          error therein.  Rule 142(a); Welch v. Helvering, 290 U.S. 111,              
          115 (1933).  Although section 7491(a) may shift the burden to the           
          Commissioner with respect to factual issues where the taxpayer              
          introduces credible evidence, the provision operates only where             
          the taxpayer establishes that he or she has complied with all               
          substantiation requirements, has maintained all required records,           
          and has cooperated with reasonable requests for witnesses,                  
          information, documents, meetings, and interviews.  Here, as                 
          indicated above, petitioners were not forthcoming during the                
          examination of their returns.  Section 7491(a) therefore effects            
          no shift of burden in the instant cases.                                    
               However, an additional limitation on the general rule                  
          potentially bears upon the cases at bar.  Various Courts of                 






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