Hector F. Arias and Carolee Purcell - Page 5




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          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)             








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