- 5 - $6,564, and explained that the deficiency respondent determined was the result of: (1) Changes to petitioner’s adjusted gross income, and (2) an additional tax applied as a result of petitioner’s distribution from his qualified retirement plan. In his “Petition for Redetermination of a Deficiency”, petitioner disputed respondent’s determination because: (1) He was not responsible for the deficiency, (2) he wanted the Court to give him an opportunity to recalculate and resubmit his 2003 return, (3) the Internal Revenue Service (IRS) had made an error in calculating the deficiency at issue, and (4) he should not be responsible for the IRS’s mistake. The petition is devoid of any factual explanation as to why petitioner requested and received the distribution at issue in 2003. On June 29, 2005, petitioner submitted a Form 9465, Installment Agreement Request, before an assessment was made on his account. On July 5, 2005, petitioner made a payment of $895. Between November 28, 2005, and February 23, 2006, he made three additional payments that totaled $450. Discussion In general, the Commissioner’s determination set forth in a notice of deficiency is presumed correct. Welch v. Helvering, 290 U.S. 111, 115 (1933). In pertinent part, Rule 142(a)(1) provides the general rule that the burden of proof shall be uponPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008