- 3 - investment interest, contributions, and miscellaneous itemized deductions. Other than amounts allowed by respondent in the notices of deficiency or immediately prior to trial, petitioner did not attempt to substantiate the claimed deductions. Petitioner asserts that the tax returns in issue were prepared by a representative of Economy Income Tax Services (EITS). Petitioner further suggests that EITS defrauded many taxpayers, including herself, and that the amounts reflected on the returns are inaccurate and not based on reality. Petitioner argues that the Internal Revenue Service (IRS) was complicit in permitting EITS to continue to prepare returns while under investigation by the IRS. Discussion Burden of Proof In general, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Pursuant to section 7491(a), the burden of proof as to factual matters shifts to the Commissioner under certain circumstances. Petitioner has neither alleged that section 7491(a) applies nor established her compliance with the requirements of section 7491(a)(2)(A) and (B) to substantiate items, maintain records,Page: Previous 1 2 3 4 5 6 NextLast modified: November 10, 2007