Shawn Timothy Hynes - Page 6




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          $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 upon            






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