- 8 - (A) the taxpayer has complied with the requirements under this title to substantiate any item; (B) the taxpayer has maintained all records required under this title and has cooperated with reasonable requests by the Secretary for witnesses, information, documents, meetings, and interviews; * * * The legislative history of section 7491(a) makes it clear that before the burden of proof will be placed on respondent, taxpayers have the burden of proving that they satisfied each of the above requirements of section 7491. The legislative history states as follows: The taxpayer has the burden of proving that it meets each of these conditions, because they are necessary prerequisites to establishing that the burden of proof is on the Secretary. [H. Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747, 993.] A shift in the burden of proof under section 7491 is available only in court proceedings arising in connection with examinations by respondent that commenced after July 22, 1998, the effective date of section 7491. See RRA 1998 sec. 3001(c)(2), 112 Stat. 727. For 1994, because respondent’s examination of petitioner’s 1994 Federal income tax commenced in August of 1998, or thereafter, it is clear that section 7491 generally applies to petitioner. Petitioner contends that for 1994 she has met thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011