Charles J. and Francesca C. Sigerseth - Page 8




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          7491 is applicable to court proceedings arising in connection               
          with examinations commenced after July 22, 1998).  Under section            
          7491(a), Congress provided that if a taxpayer presents credible             
          evidence and meets certain other prerequisites, the Commissioner            
          shall bear the burden of proof with regard to factual issues                
          relating to the liability of the taxpayer for a tax imposed under           
          subtitle A or B.  Because petitioners failed to appear and                  
          present credible evidence, the burden of proof is not placed on             
          respondent under section 7491(a).                                           
               As to the accuracy-related penalties imposed by respondent,            
          Congress provided in section 7491(c) that the Commissioner bears            
          the burden of production in any court proceeding with regard to             
          the liability of the taxpayer for such penalties.  In Higbee v.             
          Commissioner, 116 T.C. ___, ___ (2001) (slip op. at 15), we                 
          stated that this provision requires that the Commissioner come              
          forward with sufficient evidence indicating that it is                      
          appropriate to impose the relevant penalties.  However, the                 
          Commissioner does not have the obligation to introduce evidence             
          regarding elements such as reasonable cause or substantial                  
          authority.  See id.                                                         
               Petitioners failed to appear at trial and submitted only tax           
          protester type material to the Court.  During the litigation,               
          respondent attempted to obtain informal and formal discovery from           
          petitioners without success.  As noted in our background                    






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