- 8 - Commissioner, 268 F.3d 756 (9th Cir. 2001), affg. T.C. Memo. 1998-364; Kovacs v. Commissioner, 100 T.C. 124, 128 (1993), affd. without published opinion 25 F.3d 1048 (6th Cir. 1994). Finally, $6,059 of the $7,128 petitioner received in Social Security benefits in 2001 is also gross income pursuant to section 86(a). Petitioner may, however, deduct the attorney’s fees and litigation costs incurred in his litigation against the FTB as a miscellaneous itemized deduction. II. Additions to Tax Respondent determined that petitioner was liable for additions to tax under sections 6651(a)(1) and 6654(a). Under section 7491(c), the Commissioner has the burden of production in any court proceeding with respect to the liability of any individual for a penalty or addition to tax. Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). In order to meet this burden, the Commissioner must come forth with sufficient evidence indicating that it is appropriate to impose an addition to tax. Id. at 446. Once the Commissioner has met this burden, the taxpayer must come forward with evidence sufficient to persuade the Court that the Commissioner’s determination is incorrect or an exception applies. Id. at 447. Section 6651(a)(1) imposes an addition to tax for failure to file a Federal income tax return by its due date, including extensions. The addition equals 5 percent for each month thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007