- 5 - withheld $9,058 in Federal income tax. That year, petitioner also sold stock in Intel Corporation for $10,416.85 in gross proceeds. His basis in the stock sold was $6,577.62, resulting in a net short-term capital gain of $3,839.23. Petitioner also received $36.88 in ordinary dividends from UBS Painewebber, Inc. Petitioner had single filing status for the 1998 taxable year and married filing separate status for the 2000-2003 taxable years. Sometime in 2001 or 2002, petitioner and his wife moved from New Mexico to Oregon and then back to New Mexico. Respondent issued the aforementioned notices of deficiency. Petitioner then filed a timely petition with this Court. A trial was held on November 28, 2006, in Albuquerque, New Mexico. OPINION I. Parties’ Contentions Petitioner asserts that the burden of proving that he had unreported income tax is on respondent and that respondent has failed to meet that burden in this case. According to petitioner, he is entitled to dependency exemptions for his wife for the 2000, 2002, and 2003 taxable years, education credits or a deduction for tuition and fees for the 2001 and 2002 taxable years, and a moving expense deduction for the 2001 and 2002 taxable years. Petitioner also asserts that respondent has not met the burden of production regarding the additions to tax under sections 6651(a)(1) and 6654(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008