Millard J. and Jacquie M. Scott - Page 4

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          petitioners.  The Form 1099-C reported August 28, 2001, as the              
          date of the cancellation of debt and $6,583.34 as the amount of             
          debt canceled.                                                              
               Petitioners were not insolvent in 2001, nor did they file              
          for bankruptcy during that year.                                            
               Petitioners timely filed their Form 1040, U.S. Individual              
          Income Tax Return, for the taxable year 2001.  Petitioners did              
          not report any part of the cancellation of indebtedness on their            
          2001 tax return.                                                            
               Subsequently, respondent determined that petitioners failed            
          to report on their tax return for 2001 income from discharge of             
          indebtedness of $6,583.  Accordingly, respondent issued to                  
          petitioners a notice of deficiency determining a deficiency of              
          $865 in petitioners’ 2001 Federal income tax.                               
                                     Discussion                                       
               As a general rule, the determinations of the Commissioner in           
          a notice of deficiency are presumed correct, and the taxpayer               
          bears the burden of proving the Commissioner’s determinations in            
          the notice of deficiency to be in error.  Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  As one exception to this              
          rule, section 7491(a) places upon the Commissioner the burden of            
          proof with respect to any factual issue relating to liability for           
          tax if the taxpayer maintained adequate records, satisfied the              
          substantiation requirements, cooperated with the Commissioner,              






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