Joseph T. McQuatters - Page 8

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            v. Commissioner, T.C. Memo. 1997-275; Hardy v. Commissioner, T.C.                           
            Memo. 1997-97.  The legislative history of section 6201(d)                                  
            specifically refers to a situation where there is a dispute over                            
            income and further states:                                                                  
                  Fully cooperating with the IRS includes (but is not                                   
                  limited to) the following:  bringing the reasonable                                   
                  dispute over the item of income to the attention of the                               
                  IRS within a reasonable period of time, and 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).  [H. Rept. 104-506, at 36                                
                  (1996), 1996-3 C.B. 49, 84; emphasis added.]                                          
                  Petitioner contends that the Form 1099 issued to him by                               
            Masterguard is invalid because respondent is unable to determine                            
            what portion of the amount reported as nonemployee compensation                             
            was for override payments made to an independent authorized                                 
            dealer on purchases made by other independent authorized dealers,                           
            and what portion was for merchandise refunds.  Petitioner offered                           
            no evidence or testimony regarding his argument that the Form                               
            1099 issued to him by Lexington State Bank is invalid.                                      
                  At trial, respondent introduced no evidence in response to                            
            petitioner's contention that the Form 1099 from Masterguard was                             


            2(...continued)                                                                             
                  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.                                    






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