Hubert Joubert - Page 6




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          respondent, citing section 86(a)(2) and 86(c)(2), asserts that              
          because petitioner’s gross income for 2002 exceeded the statutory           
          adjusted base amount, 85 percent of petitioner’s Social Security            
          benefits for 2002, or $8,119, must be included in petitioner’s              
          2002 income.  Because petitioner did not file an income tax                 
          return for 2002, respondent asserts that petitioner is liable for           
          an addition to tax under section 6651(a)(1).  Next, respondent              
          asserts that because petitioner failed to file a 2002 tax return,           
          the Secretary filed one on petitioner’s behalf pursuant to                  
          section 6020(b); that a return filed pursuant to section 6020(b)            
          is treated as a return filed by the taxpayer for the purpose of             
          determining whether an addition to tax for failure to pay is                
          warranted under section 6651(a)(2); and that petitioner is liable           
          for an addition to tax under section 6651(a)(2).  Finally,                  
          respondent contends that petitioner is liable for an addition to            
          tax under section 6654(a) for failing to pay estimated tax in               
          2002.                                                                       
          II.  Taxability of the Pension Distribution                                 
               As a general rule, the Commissioner’s determination of a               
          taxpayer’s liability for an income tax deficiency is presumed               
          correct, and the taxpayer bears the burden of proving that the              
          determination is improper.  See Rule 142(a); Welch v. Helvering,            
          290 U.S. 111, 115 (1933).                                                   
               Section 61(a) specifies that, “Except as otherwise                     
          provided”, gross income includes “all income from whatever source           





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