Charles F. Smith - Page 4

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          petitioner a notice of deficiency on March 7, 2005.  Petitioner             
          petitioned this Court.                                                      
                                     Discussion                                       
               As a general rule, the Commissioner’s determinations in the            
          notice of deficiency are presumed correct and the burden of                 
          proving an error is on the taxpayer.  Rule 142(a); Welch v.                 
          Helvering, 290 U.S. 111, 115 (1933).  If a taxpayer introduces              
          credible evidence with respect to a factual issue, then the                 
          burden of proof shifts to the Commissioner with respect to that             
          issue.  Sec. 7491(a)(1).  Credible evidence means evidence that a           
          court would find sufficient to base a decision upon if no                   
          contrary evidence were submitted and does not include implausible           
          factual assertions or frivolous claims.  The evidence must be               
          worthy of the Court’s belief.  Higbee v. Commissioner, 116 T.C.             
          438, 442 (2001).                                                            
               The burden of proof does not shift to the Commissioner if              
          the taxpayer fails to comply with the substantiation and record-            
          keeping requirements of the Internal Revenue Code.  Sec.                    
          7491(a)(2)(A) and (B).                                                      
               In the instant case, the only evidence petitioner offered to           
          support his claim that he had custody of I.T.D.S. for over half             
          of 2003 was his own vague, implausible, uncorroborated testimony.           
          Furthermore, petitioner did not produce any documents, receipts,            
          or witnesses substantiating the amounts he allegedly paid to                






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