- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007