Cathy Miller Hardy - Page 11

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          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.                                                                   






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