- 8 - (9th Cir. 2001), revg. and remanding Estate of Kaufman v. Commissioner, T.C. Memo. 1999-119. In the case at hand, the notice of deficiency does not segregate the portion of the excess rental expense disallowance attributable to each property for each year. We are therefore unable to determine, on a property-by-property basis, whether the appraisals of respondent’s expert, Mr. Harris, are consistent with the determinations contained in the notice of deficiency. Section 7491 shifts the burden of proof to the Commissioner if certain requirements are met. However, section 7491 applies only to court proceedings arising in connection with examinations commenced after July 22, 1998. RRA sec. 3001(c), 112 Stat. 727. Neither party offered evidence to show whether the audit in the case at hand was commenced before July 23, 1998. However, respondent claimed in his pretrial memorandum that the audit was commenced before July 23, 1998, and petitioner in its opening brief appears to accept respondent’s allegation by asserting that it has met its burden of proof. Both parties introduced evidence as to the fair market rental values of the Watt Avenue, Mother Lode Drive, and Fee Drive properties. The case at hand is not one of those rare cases in which the weight of the evidence adduced by the parties is in equipoise. We will therefore determine the fair market rental values of these properties on the basis of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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