Christina Connolly - Page 4




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          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 be               








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