Lawrence L. and Pamela J. Crane - Page 5




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          grounds that another taxpayer had also claimed K.M. “on their               
          (sic) tax return,” and that petitioners had not established their           
          entitlement to the exemption.  Accordingly, as respondent                   
          disallowed the exemption with respect to K.M., he correspondingly           
          adjusted the number of children from two to one for whom                    
          petitioners could claim a child tax credit.  Petitioners maintain           
          their entitlement “by contract and court order” to claim K.M. as            
          their dependent during the year in issue.                                   
                                     Discussion                                       
               In general, the Commissioner’s determination set forth in a            
          notice of deficiency is presumed correct.  Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  In pertinent part, Rule 142(a)(1)                
          provides the general rule that the burden of proof shall be upon            
          the petitioner.  Rule 142(a)(1).  In certain circumstances,                 
          however, if the taxpayer introduces credible evidence with                  
          respect to any factual issue relevant to ascertaining the proper            
          tax liability, section 7491 shifts the burden of proof to the               
          Commissioner.  Sec. 7491(a)(1); Rule 142(a)(2).  Petitioners did            
          not argue that section 7491 is applicable in this case, nor did             
          they establish that the burden of proof should shift to                     
          respondent.  Petitioners, therefore, bear the burden of proving             
          that respondent’s determination in the notice of deficiency is              
          erroneous.  See Rule 142(a); Welch v. Helvering, supra at 115.              








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