- 3 - Petitioners timely filed returns for the taxable years 2002 and 2003. Petitioners’ returns were prepared by Chester Muhammad. During the examination, petitioners provided respondent’s agent with computerized lists showing contributions allegedly made to the Calvary Bible Church (the church) by Darin Warfield and by Sharon Hardin during 2002 and 2003. The lists for Darin Warfield show cash contributions of $103 on January 6, 2002, and $97 every week thereafter (totaling $5,050) in 2002, and cash contributions of $135 on January 5, 2003, and $126 every week thereafter (totaling $6,561) in 2003. The lists for Sharon Hardin show the same amounts contributed in both 2002 and 2003 as the lists for Darin Warfield. None of the lists provided by petitioners are dated or signed by a member of the church. Petitioners provided to respondent’s counsel identical lists for 2002 and 2003 except for the fact that the caption “Calvary Bible Church” had been eliminated. Subsequently, Sharon Hardin provided substantiation for contributions that she made to Hutchinson Memorial U.A.M.E. Church. See supra note 3. Discussion As a general rule, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of proving that these determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011