Michael C. Dodge - Page 2




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          respectively for 2002.  After concessions,2 the issues for                  
          decision are whether petitioner is liable for the additions to              
          tax pursuant to sections 6651(a)(1) and 6654(a) for 2002.                   
                                  FINDINGS OF FACT                                    
               At the time he filed the petition, petitioner resided in               
          Arkansas.  Petitioner failed to timely file a Federal income tax            
          return for 2002.                                                            
                                       OPINION                                        
          Burden of Proof                                                             
               Section 7491(c) provides that the Commissioner shall bear              
          the burden of production with respect to the liability of any               
          individual for additions to tax.  “The Commissioner’s burden of             
          production under section 7491(c) is to produce evidence that it             
          is appropriate to impose the relevant penalty”.  Swain v.                   
          Commissioner, 118 T.C. 358, 363 (2002); see also Higbee v.                  
          Commissioner, 116 T.C. 438, 446 (2001).  The Commissioner,                  
          however, does not have the obligation to introduce evidence                 
          regarding reasonable cause or substantial authority.  Higbee v.             
          Commissioner, supra at 446-447.                                             




               2  Respondent conceded that petitioner is not liable for the           
          addition to tax pursuant to sec. 6651(a)(2).  Respondent also               
          conceded that the amount of the deficiency and the additions to             
          tax pursuant to secs. 6651(a)(1) and 6654 are reduced to $13,585,           
          $3,396.25, and $453.98, respectively.  Petitioner conceded that             
          he is liable for the reduced deficiency.                                    





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