- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011