- 14 - deficiency (or portion). This subparagraph shall not apply where the individual with actual knowledge establishes that such individual signed the return under duress. II. Preliminary Matters A. Burden of Proof We begin with a threshold observation regarding burden of proof. In general, the Commissioner’s determinations are presumed correct, and the taxpayer bears the burden of proving otherwise. Rule 142(a). Although recently enacted section 7491 may operate in specified circumstances to place the burden on the Commissioner, the statute is effective only for court proceedings that arise in connection with examinations commencing after July 22, 1998. RRA sec. 3001(c), 112 Stat. 727. With respect to the case at bar, the parties have stipulated that the examination of Privilege House which led to the constructive dividends pertinent here began on February 6, 1997, the record is bereft of any other evidence that would require applicability of section 7491, and petitioner has at no time so argued. We therefore are satisfied that petitioner bears the burden of establishing his entitlement to relief from joint and several liability under the general rules. Furthermore, we pause to observe that section 7491(a)(3) provides that the burden-shifting provisions referenced above do not apply “to any issue if any other provision of this title provides for a specific burden of proof with respect to suchPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011