- 8 - liability through their lockup agreement. Respondent contends that there is no provision that allows individuals or corporations to voluntarily extend section 16(b) liability. 1. Is the Burden of Proof on Respondent? As a preliminary matter, petitioner argues that the burden of proof is on respondent because respondent issued a notice of deficiency based solely upon a Form 1099 issued by Polyphase, rather than conduct an examination of petitioner. Petitioner argues that Portillo v. Commissioner, 932 F.2d 1128 (5th Cir. 1991), revg. T.C. Memo. 1990-68, and 988 F.2d 27 (5th Cir. 1993), revg. T.C. Memo. 1992-99, and sections 7491(a) and 6201(d) place the burden on respondent. We do not find that the resolution of this case depends on which party has the burden of proof. We resolve the issues on the basis of a preponderance of evidence in the record. Assuming arguendo that respondent does have the burden of proof, we still conclude, on the basis of evidence in the record, that petitioner had $728,000 of additional income, for the reasons outlined below. 2. Section 83(a) Section 83(a) generally provides that when property is transferred to a taxpayer in connection with the performance of services, the fair market value of the property at the first time the taxpayer’s rights in the property are transferable or notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011