Howard K. Hager - Page 5




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                                     Discussion                                       
               The Commissioner’s determinations in a notice of deficiency            
          are presumed correct, and the taxpayer has the burden to prove              
          that the determinations are in error.  See Rule 142(a); Welch v.            
          Helvering, 290 U.S. 111, 115 (1933).  But the burden of proof on            
          factual issues that affect a taxpayer’s tax liability may be                
          shifted to the Commissioner where the “taxpayer introduces                  
          credible evidence with respect to * * * such issue.”  See sec.              
          7491(a)(1).  The burden will shift only if the taxpayer has                 
          complied with the substantiation requirements and has cooperated            
          with the Commissioner’s reasonable requests for witnesses,                  
          information, documents, meetings, and interviews.  See sec.                 
          7491(a)(2).  Petitioner has not proven or even alleged that                 
          section 7491(a) applies; accordingly, the burden remains on him             
          to show that he is entitled to the claimed deductions.                      
               U.S. individuals are subject to Federal income taxation on             
          their taxable income on a worldwide basis.  See sec. 1; Cook v.             
          Tait, 265 U.S. 47 (1924).  But a U.S. individual who is a bona              
          fide resident of Puerto Rico for the entire taxable year is not             
          subject to Federal taxation with respect to his items of income             
          that are sourced within Puerto Rico except for amounts received             
          for services as an employee of the U.S. Government.  See sec.               
          933(1).  Notwithstanding the exemption provided by section                  
          933(1), a U.S. individual residing in Puerto Rico is not exempt             







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Last modified: March 27, 2008