Andrea Cipriano - Page 7




                                        - 7 -                                         
                                       OPINION                                        
               Generally, the burden of proof is on the taxpayer.  See                
          Rule 142(a).  In 1998, however, Congress enacted section 7491,              
          effective July 22, 1998, under which the burden of proof will be            
          placed on respondent if a taxpayer meets certain requirements.              
          See Internal Revenue Service Restructuring and Reform Act of 1998           
          (RRA 1998), Pub. L. 105-206, sec. 3001, 112 Stat. 685, 726.                 
               Under section 7491(a), the burden of proof with regard to              
          any fact issue will be placed on respondent if the taxpayer                 
          maintained adequate records, satisfied applicable substantiation            
          requirements, cooperated with respondent, and introduced during             
          the court proceeding credible evidence with regard to the fact              
          issue.                                                                      
               The specific relevant language of section 7491 provides as             
          follows:                                                                    

               SEC. 7491.  BURDEN OF PROOF.                                           
                    (a) Burden Shifts Where Taxpayer Produces Credible                
               Evidence.--                                                            
                         (1) General rule.--If, in any court proceeding, a            
                    taxpayer introduces credible evidence with respect to             
                    any factual issue relevant to ascertaining the                    
                    liability of the taxpayer for any tax imposed by                  
                    subtitle A or B, the Secretary shall have the burden of           
                    proof with respect to such issue.                                 
                         (2) Limitations.--Paragraph (1) shall apply with             
                    respect to an issue only if–-                                     








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011