Glenda M. Wipperfurth - Page 4




                                        - 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  Next 

Last modified: November 10, 2007