James A. Shinault - Page 4

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               Shortly before trial, petitioner provided respondent’s                 
          counsel with a Form 1040, the Form 1099 from Lauren’s Cycle                 
          Sales, Inc., and a Schedule C, Profit or Loss From Business, on             
          which petitioner claimed $19,525 in expenses.3  The Form 1040 is            
          dated November 1, 2005, and purports to be a joint return.  The             
          Form 1040 bears the signature of a return preparer but is not               
          signed by petitioner or his spouse.                                         
                                     Discussion                                       
               As a general rule, the Commissioner’s determinations in the            
          notice of deficiency are presumed correct, and the taxpayer bears           
          the burden of proving an error.  Rule 142(a); Welch v. Helvering,           
          290 U.S. 111, 115 (1933).  The Commissioner has the burden of               
          production regarding whether it is appropriate to impose                    
          penalties, additions to tax, or additional amounts.  Sec.                   
          7491(c); Higbee v. Commissioner, 116 T.C. 438, 446 (2001).  The             
          Commissioner, however, does not have the obligation to introduce            
          evidence regarding reasonable cause.  Higbee v. Commissioner,               


               3Petitioner claimed $6,000 for advertising expenses, $7,316            
          for car and truck expenses, and $6,209 for depreciation and sec.            
          179 expenses.  Line 31 of petitioner’s Schedule C reflects a net            
          profit of $17,339 after deducting expenses of $19,525 from                  
          petitioner’s $36,864 income.                                                
               The Form 1040 that petitioner gave to respondent’s counsel             
          shortly before trial purports to be a joint Federal income tax              
          return and lists three personal exemptions, one each for                    
          petitioner, his spouse, and their son.  After claiming several              
          other deductions and credits, petitioner claims that his total              
          tax liability for taxable year 2000 is only $646.                           



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