- 3 - deficiency relating to 2002. Respondent determined that petitioner was liable for a deficiency and additions to tax for failure to file a tax return, pursuant to section 6651(a)(1); timely pay tax, pursuant to section 6651(a)(2); and pay estimated income tax, pursuant to section 6654(a). On December 19, 2005, petitioner, while residing in Hamburg, Pennsylvania, filed his petition with the Court. OPINION Generally, a notice of deficiency is presumed correct, and the taxpayer bears the burden of proving that the determination is erroneous. Welch v. Helvering, 290 U.S. 111, 115 (1933). Respondent provided sufficient predicate evidence connecting petitioner to the unreported income. Berkery v. Commissioner, 91 T.C. 179, 195 (1988). Thus, the notice of deficiency is presumed correct, and petitioner has the burden of proof.2 Petitioner contends that the $63,850 from McClain is attributable to DDR and that DDR is a separate legal entity from which he received a salary. Conversely, respondent contends that DDR does not exist, and that the $63,850 is attributable to petitioner. There is insufficient evidence to establish the 2 Sec. 7491(a) is inapplicable because petitioner failed to introduce credible evidence within the meaning of sec. 7491(a)(1).Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007