DocketNumber: No. 11880-04
Citation Numbers: 89 T.C.M. 1446, 2005 Tax Ct. Memo LEXIS 143, 2005 T.C. Memo. 143
Judges: "Colvin, John O."
Filed Date: 6/20/2005
Status: Non-Precedential
Modified Date: 4/18/2021
MEMORANDUM FINDINGS OF FACT AND OPINION
COLVIN, Judge: Respondent determined deficiencies in petitioner's Federal income tax as follows:
Additions to Tax | ||||
Year | Deficiency | Sec. 6651(a)(1) | Sec. 6651(a)(2) | Sec. 66541(a) |
1998 | $5,518 | $1,241.55 | $1,379.50 | $250.45 |
1999 | 5,088 | 1,144.80 | 1,170.24 | 244.35 |
2000 | 3,547 | 798.08 | 602.99 | 190.77 |
2001 | 4,410 | 992.25 | 485.10 | 174.52 |
Respondent concedes that petitioner is not liable for the addition to tax under 1. Whether petitioner had unreported income as determined by respondent for 1998-2001. We hold that he did. 2. Whether petitioner is liable for self-employment tax on his earnings from Eniva Corp. of $ 221 for 2000 and $ 112 for 2001. We hold that he is. 3. Whether petitioner's filing status for 1998-2001 is single. We hold that it is. 4. Whether petitioner may claim more than one personal exemption for 1998-2001. We hold that he may not. 5. Whether petitioner is liable for the additions to tax under
Section references are to the Internal Revenue Code in effect for the taxable years in issue. Rule references are to the Tax Court Rules of Practice and Procedure.
FINDINGS OF FACT
Petitioner lived in Black Canyon City, Arizona, when he filed the petition in this case.
Petitioner was a beneficiary in 1998-2001 of the Frank J. Nagy Trust, administered*145 by KeyBank National Association (KeyBank) as trustee. Petitioner earned interest in the amounts of $ 18,171 for 1998, $ 19,065 for 1999, $ 12,879 for 2000, and $ 17,155 for 2001, and dividends in the amounts of $ 9,440 for 1998, $ 7,140 for 1999, $ 3,807 for 2000, and $ 5,866 for 2001 from the trust. He received Social Security benefits of $ 10,821 for 1998, $ 10,962 for 1999, $ 11,226 for 2000, and $ 11,640 for 2001. He received nonemployee compensation from Eniva Corp. in the amounts of $ 1,565 for 2000 and $ 794 for 2001. No Federal income tax was withheld for petitioner in the years in issue by any of these payors.
Petitioner did not file Federal income tax returns for 1998-2001 or make estimated tax payments for those years.
Respondent issued notices of deficiency to petitioner for the years in issue. Respondent determined that petitioner received taxable income based on documents provided by third-party payors. Respondent determined that petitioner's filing status was single and allowed petitioner one exemption.
Before trial, petitioner asserted that he had a
OPINION
1. Burden of Production a.
If a taxpayer asserts a reasonable dispute with respect to any item of income reported on a third-party information return and the taxpayer has fully cooperated with the Secretary, the Secretary has the burden of producing reasonable and probative information concerning that deficiency in addition to such information return.
Petitioner did not introduce any evidence to refute respondent's evidence or show that respondent's determination of petitioner's income is in error. We conclude that respondent does not have the burden of production under
The declarations are admissible under
We conclude that b. Determination in Unreported Income Cases
The U.S. Court of Appeals for the Ninth Circuit (to which an appeal of this case would lie) has held that in order for the presumption of correctness to attach to the notice of deficiency in unreported income cases, the Commissioner must establish "some evidentiary foundation linking the taxpayer" to the income-producing activity,
There is ample evidence linking petitioner to income-producing activities. He received interest and dividends from the trust through KeyBank, Social Security benefits from the Social Security Administration, and nonemployee compensation from Eniva Corp. during the years in issue. At trial, respondent submitted Forms 1099-MISC, Miscellaneous Income, transcripts from the Social Security Administration, employer records, and declarations under penalties of perjury of Patterson for KeyBank and Cichanowski for Eniva Corp. as to the validity of these underlying documents. The Forms 1099-MISC, certified transcripts, declarations, and supporting documents show that petitioner received income during the years in issue. Petitioner bears the burden of proving respondent's determinations are in error. See
*150 2. Burden of Proof
Petitioner contends that respondent generally bears the burden of proof. We disagree. The burden of proof for a factual issue relating to liability for tax shifts to the Commissioner under certain circumstances.
3. Whether Petitioner's
Before trial, petitioner asserted
Petitioner has not shown that respondent's determination of his income for 1998-2001 is incorrect. We conclude that petitioner received taxable income in 1998-2001 as determined by respondent.
Respondent determined that petitioner is liable for selfemployment tax on his earnings from Eniva Corp. for 2000 and 2001.
Petitioner did not prove that respondent's determination of his liability for self-employment tax was incorrect. We conclude that the income attributable to petitioner from Eniva Corp. in 2000 and 2001 is earnings from self-employment under
Petitioner did not file returns for the years in issue. Respondent determined that petitioner's filing status was single and allowed petitioner one exemption. Petitioner offered no evidence on these points. We deem petitioner to have conceded these issues. See
Petitioner did not file returns for 1998-2001, and he did not make estimated tax payments with respect to his tax liability for those years. There is no evidence that petitioner paid any tax for the years in issue. Thus, respondent has met the burden of production, and petitioner is liable for additions to tax for failure to file under
To reflect the foregoing,
Decision will be entered for respondent.
1. Respondent does not contend that petitioner is liable for the addition to tax for failure to file under
William H. And Avilda L. Edwards v. Commissioner of ... , 680 F.2d 1268 ( 1982 )
James Traficant, Jr. v. Commissioner of Internal Revenue ... , 884 F.2d 258 ( 1989 )
Traficant v. Commissioner , 89 T.C. 501 ( 1987 )
Johnny Weimerskirch v. Commissioner of Internal Revenue , 596 F.2d 358 ( 1979 )
United States v. Rylander , 103 S. Ct. 1548 ( 1983 )
Gerald J. Rapp and Mary H. Rapp v. Commissioner of Internal ... , 774 F.2d 932 ( 1985 )
Tokarski v. Commissioner , 87 T.C. 74 ( 1986 )
Weimerskirch v. Commissioner , 67 T.C. 672 ( 1977 )
Welch v. Helvering , 54 S. Ct. 8 ( 1933 )