General Dynamics Corporation and Subsidiaries - Page 10

                                       - 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 request             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011