David O. Alegria - Page 7

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          burden of proof may, under certain circumstances, be shifted to             
          the Commissioner if the taxpayer introduces credible evidence               
          with respect to any factual issue relevant to ascertaining the              
          taxpayer’s income tax liability.  The legislative history of                
          section 7491 defines “credible evidence” as “the quality of                 
          evidence which, after critical analysis, the court would find               
          sufficient upon which to base a decision on the issue if no                 
          contrary evidence were submitted (without regard to the judicial            
          presumption of IRS correctness).”  H. Conf. Rept. 105-599, at               
          240-241 (1998), 1998-3 C.B. 747, 994-995; see Higbee v.                     
          Commissioner, 116 T.C. 438, 442 (2001).  On the basis of the                
          record, we hold that section 7491(a) does not operate to place              
          the burden of proof on respondent; in short, petitioner did not             
          introduce testimonial (or other) evidence sufficient to place in            
          doubt the documentary evidence in the record.4                              
               Petitioner claims that he disputed his debt with MBNA in the           
          fall of 1999, alleging that someone not authorized by him made              
          charges to his account, which MBNA informed him were attributable           
          to a convenience check.  As a result, petitioner contends that he           
          offered to pay $6,000 of charges that he admittedly made, which             

               4  Sec. 6201(d) also does not apply in this case to place on           
          respondent the burden of producing evidence to supplement the               
          information return filed by NCO Financial Services, Inc.  In this           
          regard, the record does not demonstrate that all of the                     
          requirements of sec. 6201(d) were satisfied, including the                  
          requirement that “the taxpayer has fully cooperated with the                
          Secretary”.                                                                 





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