- 15 - Petitioner’s evidence consisted of the spreadsheet listing the numbers he put on his return, a water-sewer bill and an electric bill, which were not for 2002; and a $75 receipt stapled to a water bill, which was for 2005. Because we have determined that petitioner is not entitled to a deduction for the business use of his residence, it follows that he is not entitled to a deduction for the corresponding utilities. Accordingly, respondent’s determination is sustained. II. Section 6651(a)(1) Addition to Tax Respondent determined an addition to tax under section 6651(a)(1) for 2002, asserting that petitioner failed to timely file his Form 1040-SS. Initially, respondent has the burden of production with respect to the addition to tax. See sec. 7491(c). Respondent satisfies his burden by coming forward with sufficient evidence to indicate that it is appropriate to impose the addition to tax. See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once respondent satisfies his burden, petitioner must persuade the Court that respondent’s determination is in error by supplying sufficient evidence of reasonable cause, substantial authority, or a similar justification. Id. The parties agree that petitioner did not timely file a Form 1040-SS. Therefore, respondent has met his burden of production. Petitioner merely testified that he was a resident of Puerto Rico, he paid his taxes in Puerto Rico, and “everybodyPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008