- 11 - would have caused a shift in the burden of going forward with the evidence. Section 6201(d) requires petitioner to show that he fully cooperated with respondent, and to make a reasonable dispute. Petitioner did not deny that he received the income at issue. Rather, he stated that he performed no services for and received no cash from Priester. Even if these statements were true, they would not disprove receipt of the income in question, such income being in the form of a discount. Petitioner tacitly admitted to receiving a discount. This does not constitute a reasonable dispute. Furthermore, the record contains no evidence other than petitioner's testimony, which casts doubt on petitioner's statement on brief that he fully cooperated with respondent. See Schaeffer v. Commissioner, T.C. Memo. 1994-206. Because petitioner has failed to show a reasonable dispute as to the income in question, and has failed to fully cooperate with respondent, the burden of going forward and producing "reasonable and probative information" concerning the deficiency beyond the information return has not shifted to respondent. As to the ultimate burden of proof, in light of the complete lack of evidence beyond petitioner's testimony, we conclude that petitioner also has not met his burden of proving that he failed to receive the income in question in 1991. See Kluger v. Commissioner, 91 T.C. 969, 976-977 (1988); Kluger v. Commissioner, 83 T.C. 309, 310 n.1 (1984); Petersen v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011