- 13 - OPINION A. Whether the Statute of Limitations Bars Assessment and Collection of Petitioners’ Tax for 1999 Petitioners contend that the statute of limitations bars assessment and collection of their tax for 1999 because respondent issued the notice of deficiency on January 16, 2003. We disagree. Petitioners timely filed their 1999 return on or before April 15, 2000. Generally, the Commissioner must assess tax within 3 years after the due date of a timely filed return, sec. 6501(a) and (b)(1); i.e., in this case, on or before April 15, 2003. Respondent timely issued the notice of deficiency on January 16, 2003. The statute of limitations does not bar assessment and collection of petitioners’ tax for 1999. B. Whether Petitioners or Respondent Bears the Burden of Proof for Issues Other Than Fraud Respondent bears the burden of proving that petitioner is liable for fraud. See sec. 7454(a); Rule 142(b). Petitioners contend that respondent bears the burden of proof under section 7491(a) for all other issues as well. We disagree. The burden of proof with respect to a factual issue shifts from the taxpayer to the Commissioner if, in addition to meeting other requirements, the taxpayer has: (1) Complied with substantiation requirements under the Internal Revenue Code, sec. 7491(a)(2)(A); (2) maintained all records required by thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011