- 4 - appropriate to impose the relevant penalty. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner meets his burden of production, the taxpayer bears the burden of proving error in the determination, including evidence of reasonable cause or other exculpatory factors. Id. at 446-447. Section 6651(a)(1) provides for an addition to tax for a taxpayer’s failure to file a required return on or before the due date, including extensions. Respondent introduced certified transcripts of account which show no record of Federal income tax returns filed by petitioner for 2001 and 2002, as well as copies of Forms W-2 reporting petitioner’s wage income from the Oneida Tribe of Wisconsin and certified copies of payroll records documenting petitioner’s employment and compensation at the Oneida Tribe casino in the relevant years. This income obligated petitioner to file Federal income tax returns in each year. See sec. 6012. Accordingly, we conclude that respondent met his burden of production under section 7491(c). Petitioner contends that she filed returns for 2001 and 2002 and offered into evidence what she claimed were copies of the returns filed. Even if we accepted petitioner's somewhat dubious claim of having filed these documents with the intent that they be accepted as returns,1 neither would qualify as such. The 1 The first page of each purported return is a Form 4868, Application for Automatic Extension of Time To File U.S. (continued...)Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007