Swallows Holding, Ltd. - Page 32

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          VI.  Respondent’s Determination                                             
               On January 31, 2002, respondent issued the notice of                   
          deficiency to petitioner for the subject years.7  Respondent                
          determined the deficiencies shown therein by disallowing all of             
          the deductions claimed on the subject returns and applying the              
          corporate income tax rates of section 11 to petitioner’s gross              
          income, as reported.  Respondent disallowed the deductions                  
          because none of the returns was filed timely.                               
                                       OPINION                                        
          I.  Burden of Proof                                                         
               The Commissioner’s determinations in a notice of deficiency            
          are generally presumed correct, and taxpayers generally bear the            
          burden of proving those determinations wrong.  See Rule                     
          142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).  In                
          certain cases, section 7491(a) places the burden of proof upon              
          the Commissioner.  Given the manner in which we decide this case,           
          we need not and do not decide which party bears the burden of               
          proof in this case.                                                         
          II.  Parties’ Arguments                                                     
               The parties disagree on the section 882(c)(2) requirements             
          which serve as a prerequisite to a foreign corporation’s                    
          deducting its expenses.  Petitioner argues that it meets those              


               7 Neither party has explained why the notice of deficiency             
          does not address petitioner’s 1993 taxable year.                            




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