- 4 - the life of Mr. Purcell; (2) proceeds from the sale of his home; and (3) proceeds from the liquidation of his brokerage and Roth individual retirement accounts (Roth IRA). Petitioner Carolee Purcell received one or more checks drawn on the trust account and payable to her in 2003. She received more than $170,000 from the trust following Mr. Purcell’s death. Petitioners timely filed their 2003 joint Federal income tax return. Petitioners did not report any distributions from the trust on the 2003 return. Respondent determined a $5,415 deficiency in petitioners’ Federal income tax for 2003, attributed to petitioners’ failure to report a $45,033 trust distribution. Petitioners timely petitioned for a redetermination. Discussion I. Burden of Proof In general, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Under certain circumstances, the burden of proof as to factual matters shifts to the Commissioner. Sec. 7491(a). However, petitioners have neither alleged that section 7491 applies nor established their compliance with the requirements of section 7491(a)(2)(A)Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008