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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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