Stacy N. Davenport - Page 3




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          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).                                                                 









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