Samuel S. Lowe III and Nancy S. Lowe - Page 7

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          arise in connection with examinations commencing after July 22,             
          1998, however, may operate in specified circumstances to place              
          the burden on the Commissioner.  Internal Revenue Restructuring             
          and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat.            
          727.  With respect to factual issues and subject to enumerated              
          limitations, section 7491(a) may shift the burden of proof to the           
          Commissioner in instances where the taxpayer has introduced                 
          credible evidence.  Section 7491(c) places the burden of                    
          production on the Commissioner with respect to penalties and                
          additions to tax.                                                           
               Although the above effective date renders section 7491                 
          applicable to the instant case, the Court finds it unnecessary to           
          decide whether the burden should be shifted under section                   
          7491(a).  Given that the agreement pursuant to which the payment            
          at issue was made has been stipulated by the parties, the factual           
          circumstances underlying the transaction are undisputed.  The               
          record in this case therefore enables us to reach a decision on             
          the merits, based upon a preponderance of the evidence, without             
          regard to burden of proof.                                                  
          II.  Income Characterization                                                
               A.  General Rules                                                      
               As a general rule, the Internal Revenue Code imposes a                 
          Federal tax on the taxable income of every individual.  Sec. 1.             
          Section 61(a) specifies that “Except as otherwise provided”,                






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