- 3 - difference of $945.88. On February 13, 2006, respondent issued to petitioners a notice of deficiency in which he determined a deficiency of $1,355.44, which included $1,352 in AMT.4 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, 115 (1933).5 Petitioners argue that they are liable for only $404 of AMT. The difference between respondent’s and petitioners’ AMT calculations is approximately equal to the reduction by respondent in the amount of petitioners’ claimed refund.6 Petitioners contend that this reduction in their claimed refund should be added to their regular tax as part of the calculation of their AMT liability, arguing that they could not have received 4 The notice of deficiency also decreased itemized deductions by $9. 5 Pursuant to sec. 7491(a), the burden of proof as to factual issues may shift to the Commissioner where the taxpayer introduces credible evidence and complies with substantiation requirements, maintains records, and cooperates fully with reasonable requests for witnesses, documents, and other information. Petitioners have not met the requirements of sec. 7491(a). 6 The difference between the parties’ AMT calculations is actually $948, not $945.88. We consider this difference to be de minimis.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007