Hubert Joubert - Page 9




                                        - 9 -                                         
          “adjusted base amount” of $34,000 must include in his gross                 
          income 85 percent of his Social Security benefits.  Sec.                    
          86(a)(2), (c)(2).                                                           
               In this case, in light of our earlier conclusion that                  
          petitioner was required to include the full amount of the                   
          $168,355.71 pension distribution in his 2002 income,                        
          petitioner’s 2002 modified adjusted gross income greatly exceeded           
          $34,000, the statutory “adjusted base amount.”  As a consequence,           
          85 percent of the $9,552 in Social Security benefits that                   
          petitioner received in 2002, or $8,119.20, was taxable income to            
          petitioner in 2002.  Sec. 86(a)(2)(B).                                      
          IV.  Additions to Tax                                                       
               A.   Respondent’s Burden of Production                                 
               Under section 7491(c), respondent bears the burden of                  
          production with respect to a taxpayer’s liability for penalties             
          or additions to tax.  This means that respondent must “come                 
          forward with sufficient evidence indicating that it is                      
          appropriate to impose the relevant penalty.”  Higbee v.                     
          Commissioner, 116 T.C. 438, 446 (2001).  In instances where an              
          exception to the penalty or addition to tax is afforded upon a              
          showing of reasonable cause, the taxpayer bears the burden of               
          demonstrating such cause.  Id. at 446-447.                                  










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 10, 2007