Samuel T. Seawright and Carol A. Seawright - Page 14




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               Conclusion                                                             
               Petitioners have not shown that respondent’s agents violated           
          section 7602(c).                                                            
          Statutory Limitation on Financial Status Audits                             
               Citing various background questions that Leary asked Carol             
          at their initial meeting on July 16, 1998, petitioners contend              
          that on or about that date respondent used a financial status or            
          economic reality examination technique in violation of section              
          7602(e).8                                                                   
               Section 7602(e) became effective on the date of enactment of           
          RRA 1998; i.e., July 22, 1998.  H. Conf. Rept. 105-599, at 270              
          (1998), 1998-3 C.B. 755, 1024.  Petitioners do not contend that             
          any actions taken by respondent’s agents on or after July 22,               
          1998, violated section 7602(e).  Accordingly, section 7602(e) has           
          no application to this case.                                                
          Burden of Proof                                                             
               Petitioners contend that respondent bears the burden of                
          proof pursuant to section 7491.  Respondent contends that section           
          7491 is inapplicable.  We agree with respondent.                            


               8 Sec. 7602(e), as added by Internal Revenue Service                   
          Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3412,             
          112 Stat. 751, provides:                                                    
                    (e) Limitation on Examination of Unreported                       
               Income.--The Secretary shall not use financial status                  
               or economic reality examination techniques to determine                
               the existence of unreported income of any taxpayer                     
               unless the Secretary has a reasonable indication that                  
               there is a likelihood of such unreported income.                       



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