- 10 - be used by respondent to conduct an audit. In that case, the Commissioner had issued notices of deficiency with “little, if any, prior investigation”, and respondent’s attorney had attempted, through discovery and subpoenas, to conduct the investigation ordinarily carried on by respondent’s agents. Id. at 1402. Reflecting upon that situation, we stated that “The processes of this Court are simply not designed to be used to conduct a thorough investigation of a complex tax case.” Id. at 1403. Respondent counters that Durkin v. Commissioner, supra, is not applicable here because the increased credits were not addressed in the notice of deficiency but, instead, were placed in controversy by petitioner’s allegations in its initial pleading (petition). Respondent points out that, in her answer, she denied petitioner’s claim for the increased credits, and that it remains petitioner’s obligation and burden to show entitlement to research credits in connection with the fixed-price Government contracts. We agree with respondent. Based on the foregoing, we hold that respondent is not bound by the agreement in her engineer’s report. (2) Should the burden of proof be shifted to respondent with respect to the amount of the research credit on fixed-price Government contracts? Because we have held that respondent may question the amount of the credit, we must address petitioner’s alternative requestPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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