Austin L. Mitchell and Rebecca A. Mitchell - Page 19




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          faith.  See secs. 6662(d)(2)(B)(i) and (ii), 6664(c)(1); sec.               
          1.6664-4(c), Income Tax Regs.                                               
               2.   Burden of Production and Burden of Proof                          
               Section 7491(c) provides as follows:                                   
                    SEC. 7491(c).  Penalties.--Notwithstanding any                    
               other provision of this title, the Secretary shall have                
               the burden of production in any court proceeding with                  
               respect to the liability of any individual for any                     
               penalty, addition to tax, or additional amount imposed                 
               by this title.                                                         
               The Commissioner must come forward with evidence that it is            
          appropriate to apply a particular penalty against the taxpayer              
          before the Court can impose the penalty; however, to meet the               
          burden of production, the Commissioner need not introduce                   
          evidence relating to reasonable cause or substantial authority.             
          Higbee v. Commissioner, 116 T.C. 438, 446 (2001); S. Rept. 105-             
          174, at 46 (1998), 1998-3 C.B. 537, 582.  Instead, the burden               
          remains on the taxpayer to raise and prove that he or she is not            
          liable for the penalty because of reasonable cause or substantial           
          authority.  Higbee v. Commissioner, supra; see S. Rept. 105-174,            
          supra at 46, 1998-3 C.B. at 582.                                            
               3.   Whether Petitioners Are Liable for the Accuracy-Related           
                    Penalty                                                           
               Petitioner is an accountant and lawyer who is familiar with            
          section 183 and the regulations.  Despite this, he deducted farm            










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