- 14 - (A) the taxpayer has complied with the requirements under this title to substantiate any item; [and] (B) the taxpayer has maintained all records required under this title and has cooperated with reasonable requests by the Secretary for witnesses, information, documents, meetings, and interviews; * * * The burden is on the taxpayer to show that the prerequisites are satisfied. See H. Conf. Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747, 994-995. At trial, counsel for petitioners (who has since withdrawn as counsel) conceded that petitioners bear the burden of proof with respect to the deficiencies determined by respondent. We accept that concession and so find.6 Respondent bears the burden of production with respect to penalties. See sec. 7491(c). II. Deficiencies in Tax A. Introduction 1. Petitioners’ Arguments Respondent has adjusted petitioners’ income by attributing to petitioners items of income reported by Complete Connections Trust and J&R Trust. Respondent has done so under the various 6 Even if petitioners had not (by their counsel) so conceded, there is evidence to support such a finding. For instance, petitioners failed to respond to respondent’s interrogatories (and were sanctioned by the Court for such failure) and failed to cooperate with respondent in stipulating facts for trial. Respondent’s motions to compel production of documents and responses to interrogatories contain a litany of petitioners’ failures to provide information to respondent during the audit of their income tax returns or cooperate in preparation of this case for trial. Petitioners have provided no rebuttal to such litany.Page: 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