- 9 - On brief, petitioner asserts that respondent has not carried the burden of proving the accuracy of the disputed Form 1099. For support, he cites section 6201(d), which provides: (d) Required Reasonable Verification of Information Returns.--In any court proceeding, if a taxpayer asserts a reasonable dispute with respect to any item of income reported on an information return filed with the Secretary * * * by a third party and the taxpayer has fully cooperated with the Secretary (including providing, within a reasonable period of time, access to and inspection of all witnesses, information, and documents within the control of the taxpayer as reasonably requested by the Secretary), the Secretary shall have the burden of producing reasonable and probative information concerning such deficiency in addition to such information return. Petitioner claims that he has fully cooperated with respondent by granting access to all records and information for the tax years in question and therefore urges that respondent has failed to carry the burden of proving the accuracy of the disputed Form 1099. The notice of deficiency in this case is dated September 29, 1995. The petition is dated December 6, 1995. Section 6201(d), amended by sec. 602, Taxpayer Bill of Rights II, Pub. L. 104-168, 110 Stat. 1452, 1463 (1996), is effective as of July 30, 1996. The trial was held on October 21, 1996. Assuming arguendo that section 6201(d) is applicable in this case, it provides that if the taxpayer, in a court proceeding, asserts a reasonable dispute with respect to income reported on an information return, and fully cooperates with respondent, then respondent shall have the burden of producing reasonable and probative information inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011