- 5 - evidence. Therefore, we conclude that the burden of proof is not placed on respondent pursuant to section 7491(a). Accordingly, we sustain respondent’s deficiency determinations. B. Additions to Tax Section 7491(c) provides that the Commissioner shall bear the burden of production with respect to the liability of any individual for additions to tax. To meet his burden of production, the Commissioner must come forward with sufficient evidence indicating that it is appropriate to impose this addition to tax.2 See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Respondent submitted, and the Court received as evidence, the declaration of Revenue Agent Dick Laakso, a letter dated December 26, 2000, from petitioner to the Internal Revenue Service (IRS), copies of several checks for the years in issue from Texas College at Tyler payable to petitioner, two personnel action forms listing petitioner as an assistant professor of business and the annual salary he received ($35,000 in 1996 and $36,050 in 1997), petitioner’s Forms W-2, petitioner’s transcript 2 We do not decide herein whether the Commissioner could meet the burden of production if he did not produce any evidence when the taxpayer failed to appear for trial. For example, it might be possible for the Commissioner to satisfy the burden of production under sec. 7491(c) without presenting any evidence if the answer contained “well-pleaded facts”. Smith v. Commissioner, 91 T.C. 1049, 1056-1057, 1058-1059 (1988), affd. 926 F.2d 1470 (6th Cir. 1991). We, however, leave that decision for another day.Page: Previous 1 2 3 4 5 6 7 8 Next
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