- 6 - facts necessary to notify respondent of the bases of the grounds asserted. Soros Associates Intl., Inc. v. Commissioner, T.C. Memo. 1982-79. The taxpayer is not required to state facts sufficient to meet a burden of proof which it may never have. Id. The Court of Appeals for the Fifth Circuit3 has stated: We think �534's language indicates that the statement simply serves a notice function. Whether the "grounds" divulged in the statement subsequently prove convincing is irrelevant to this function. * * * But just as the statement is not supposed to be legally sufficient on the question of definiteness, neither is it supposed to be a substitute for testimony at trial. [Motor Fuel Carriers, Inc. v. Commissioner, 559 F.2d 1348, 1352 (5th Cir. 1977), revg. T.C. Memo. 1975-296; citations omitted.4] To "show its hand" sufficiently, the taxpayer must provide details, where appropriate, with respect to specific amounts needed to be expended for reasonable business needs "so that 3 In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), the Court of Appeals for the Eleventh Circuit, the circuit to which any appeal of the instant case would lie, adopted as binding precedent all of the decisions of the Court of Appeals for the Fifth Circuit rendered prior to the close of business on Sept. 30, 1981. 4 Respondent argues that petitioner relies on Motor Fuel Carriers, Inc. v. Commissioner, 559 F.2d 1348 (5th Cir. 1977), revg. T.C. Memo. 1975-296, as holding that the Court of Appeals for the Fifth Circuit requires a lower standard than other courts in deciding the sufficiency of sec. 534(c) statements. We disagree. Petitioner, contrary to respondent's assertion, cites Motor Fuel Carriers, Inc. for the proposition that, for purposes of shifting the burden of proof pursuant to sec. 534, a sec. 534(c) statement is subject to a lower standard than the substantive inquiry at trial pursuant to sec. 533(a). Accordingly, we conclude that respondent’s argument is without merit.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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