Herbert L. Whitehead and Jennifer L. Whitehead - Page 26




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               Respondent also determined to disallow the deduction that              
          petitioners claimed in their 1996 joint return for the $2,000               
          contribution made to Ms. Whitehead’s IRA during that year.                  
          Respondent made that determination because respondent determined            
          that Ms. Whitehead did not receive any compensation during 1996.            
          Respondent further determined that petitioners are liable for               
          each of the years at issue for an excise tax of $120 under                  
          section 4973(a) for excess IRA contributions.                               
               Respondent also determined that petitioners are liable for             
          each of the years at issue for the accuracy-related penalty under           
          section 6662(a).                                                            
                                       OPINION                                        
               Petitioners bear the burden of proving that the determina-             
          tions in the notice are erroneous.19  See Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  With respect to the deduc-            

               19With respect to court proceedings arising in connection              
          with examinations commencing after July 22, 1998, under sec.                
          7491(a) the burden of proof shifts to respondent in specified               
          circumstances.  Internal Revenue Service Restructuring and Reform           
          Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.  The             
          record in this case does not establish the date on which the                
          examination of petitioners’ taxable years at issue began, and               
          neither party contends that sec. 7491(a) applies here.                      
               With respect to court proceedings arising in connection with           
          examinations commencing after July 22, 1998, under sec. 7491(c)             
          respondent bears the burden of production with respect to any               
          individual’s liability for any penalty or addition to tax.  Id.             
          As noted above, the record in this case does not establish the              
          date on which the examination of petitioners’ taxable years at              
          issue began.  Moreover, neither party contends that sec. 7491(c)            
          applies here.                                                               





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