- 5 - 1992 Income taxes 2,000 1994 Income taxes 5,000 Respondent determined that petitioners were liable for income from discharge of indebtedness of $32,000 in 1997 and an accuracy-related penalty of $1,858 due to a substantial understatement of tax. When petitioners received the notice of deficiency, this was the first time that they were aware that the loan had been discharged in 1997 because they had not received any of the notices from BankTEXAS. OPINION I. Income from the Discharge of Indebtedness A. Burden of Proof Section 7491 applies to this case because the examination in this case began after July 22, 1998. Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 685, 727. We do not find, however, that the resolution of this case depends on which party has the burden of proof. We resolve the issue on the basis of a preponderance of evidence in the record. Assuming arguendo that petitioners do have the burden of proof under section 7491, we still conclude, on the basis of evidence in the record, that petitioners recognized no discharge of indebtedness income with regard to the BankTEXAS loan in 1997.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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