- 10 - The total payments made on the GITIC loan for 1995 and 1996 and the total payments made on the GXE loan for 1995 and 1996, as summarized above, coincide with the amounts set forth in petitioner’s September 8, 1998, letter. However, a comparison of the Forms 5472 that petitioner attached to its Forms 1120X for 1995 and 1996 with the interest amounts in the September 8, 1998, letter reveals the following: 1995 1996 Interest paid to GITIC per 9/8/98 letter $177,010.41 $139,798.61 Interest paid to GXE per 9/8/98 letter 164,762.08 77,099.91 Total Interest per 9/8/98 letter 341,772.49 216,898.52 Interest reported as paid to GXE on Forms 5472 attached to amended returns 341,772.49 99,666.39 Difference -0- 117,232.13 OPINION I. Burden of Proof Generally, the Commissioner’s determination is presumed correct, and the taxpayer bears the burden of proving that the determination is erroneous. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner argues, however, that the burden of proof should shift to respondent because the notice ofPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008