- 4 - petitioner’s taxable year 2003. On March 16, 2005, respondent issued a statutory notice of deficiency for petitioner’s taxable year 2002. Discussion Income Tax Liabilities Petitioner has abandoned his position that he is not liable for income taxes, for fear of imposition of frivolous argument penalties. He has conceded his liability for income taxes for the years in issue. Petitioner does, however, dispute the tax due as calculated in the notices of deficiency. The Commissioner’s determination in a notice of deficiency is generally presumed correct, and the taxpayer has the burden of proving that the determination is erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Under certain circumstances, the burden of proof with respect to relevant factual issues may shift to the Commissioner under section 7491(a). Petitioner has neither alleged that section 7491(a) applies nor established his compliance with the requirements of section 7491(a)(2)(A) and (B) to substantiate items, maintain records, and cooperate fully with respondent’s reasonable requests. Therefore, the burden of proof does not shift to respondent. Petitioner alleges error in respondent’s use of married filing separately as his filing status for calculation of hisPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007