- 11 - to whether the income so reported to respondent was in fact paid to and/or earned by Mr. Hardy. In her answering brief filed on August 26, 1996, petitioner contends that, pursuant to section 6201(d), respondent must produce "reasonable and probative information" concerning the income that was allegedly paid to and/or earned by Mr. Hardy during the years at issue other than the parties' stipulation that certain income was reported to respondent as having been paid to and/or earned by him during those years. Section 6201(d) provides: In any court proceeding, if a taxpayer asserts a rea- sonable dispute with respect to any item of income reported on an information return filed with the Secre- tary under subpart B or C of part III of subchapter A of chapter 61 by a third party and the taxpayer has fully cooperated with the Secretary (including provid- ing, within a reasonable period of time, access to and inspection of all witnesses, information, and documents within the control of the taxpayer as reasonably re- quested by the Secretary), the Secretary shall have the burden of producing reasonable and probative informa- tion concerning such deficiency in addition to such information return. That section became effective on the date of its enactment, which was July 30, 1996. Assuming arguendo that section 6201(d) were applicable in the present case,12 it nonetheless would not require respondent 12 We note that petitioner filed a petition with this Court on Aug. 30, 1995, and the trial in the instant case was held on May 23, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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