- 14 - the Castros’ jointly filed Form 1040 for 1996.8 In respondent’s notice of deficiency to the Castros, respondent increased their income by the jewelry business’ adjusted net profit and decreased their income by the fiduciary fees received. OPINION I. Burden of Proof Petitioners contend that petitioner’s testimony was uncontroverted and credible and that, pursuant to section 7491, the burden of proof has shifted to respondent. Respondent contends that the only issue for decision is which petitioner is properly taxable on the net income generated by the jewelry business and that petitioners have the burden of proof on that issue. Generally, the burden of proof is on the taxpayer to show that the Commissioner’s determinations are erroneous. See Rule 142(a). The Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726, however, added section 7491, which is applicable to court proceedings arising in connection with examinations commenced after July 22, 1998. Under section 7491(a)(1), the burden of proof shifts to 8Although the parties stipulated that the Castros’ tax return for 1996 was in evidence, the exhibit attached to the stipulation of facts was a copy of the Castros’ 1995 return. Our factual findings regarding the Castros’ 1996 returns are based on respondent’s notice of deficiency and the Castros’ 1995 tax return.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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