- 4 - disorder and “panic attack”. Petitioner was still receiving treatment for anxiety disorder at the time of trial. OPINION The Commissioner’s deficiency determinations are presumed correct, and taxpayers generally have the burden of proving these determinations are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Under certain circumstances, however, section 7491(a) may shift the burden to the Commissioner with respect to a factual issue affecting liability for tax. This shifting of the burden, however, applies only where the taxpayer has introduced “credible evidence” regarding facts affecting the liability that, if no contrary evidence were submitted, would show by a preponderance of the evidence that the Commissioner’s determination is erroneous. Petitioner has not introduced such evidence. In any event, the Court decides this case on the record before it and without regard to the burden of proof. Taxpayers are required, under section 61(a), to include in gross income “all income from whatever source derived” unless any income has been specifically excepted from inclusion. See Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955) (Congress’s intent under section 61(a) was to tax income unless specifically excluded). Exclusions from gross income must bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007