Howard K. Hager - Page 16




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               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 “everybody            







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