- 12 - him by respondent, and that had he known that the Court would require proof of his residence in Kenosha, he would have brought those documents with him. The burden of refuting respondent’s determinations rests with petitioner. Rule 142(a)(1). It is not respondent’s duty to ensure that petitioner is aware of the evidence that he or she may need to present before the Court. Further, petitioner received a Standing Pretrial Notice from the Court which informed petitioner to “organize” and “present all documents” at trial pertinent to his case. Petitioner was aware that both his marital status and place of residence in 2003 were at issue in this case.11 It follows, therefore, that petitioner has not met his burden in refuting respondent’s determination with respect to his marital status for 2003. Accordingly, and based on the foregoing, we hold that petitioner is not entitled to head of household filing status for the taxable year 2003. Respondent’s determination on this issue is sustained. Earned Income Credit As previously stated, petitioner claimed an earned income credit for 2003 with A.O.N. and A.V.N. as the qualifying 11 As grounds for review, the petitioner lists on his petition to the Court that he “filed a true and complete tax return” and that he and his wife “were separated” and living apart during the year in issue.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008