- 3 - Discussion In general, the Commissioner’s determinations set forth in a notice of deficiency are presumed correct, and the taxpayer bears the burden of showing the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Pursuant to section 7491, the burden of proof as to factual matters shifts to the Commissioner under certain circumstances. Because the facts are not in dispute, we decide this case without regard to the burden of proof. 1. Unreported Income Section 61(a) provides that gross income means all income from whatever source derived. At trial, petitioner acknowledged that he had received $12,613 of wage income from the company in 2002. Accordingly, respondent’s determination on this issue is sustained. 2. Addition to Tax Under Section 6651(a)(1) If a tax return is not timely filed, an addition to tax will be assessed “unless it is shown that such failure is due to reasonable cause and not due to willful neglect”. Sec. 6651(a)(1). The Commissioner has the burden of production with respect to the liability of any individual for an addition to tax under section 6651(a)(1). Sec. 7491(c). The burden of showing reasonable cause under section 6651(a) remains on the taxpayer. Higbee v. Commissioner, 116 T.C. 438, 446-448 (2001).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011