- 5 - for the accuracy-related penalty under section 6662 because he disclosed his lottery winnings on his 1996 return. B. Burden of Proof Petitioner contends that respondent bears the burden of proving that the NYSL winnings petitioner received in 1996 are taxable income. We disagree. Under section 7491, the burden of proof is placed on the Secretary under certain circumstances. Section 7491 applies to court proceedings arising in connection with examinations beginning after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726. Respondent sent a letter to petitioner dated May 7, 1998, informing him that his 1996 Federal income tax return had been selected for examination. Absent any contrary evidence, we treat that date as the date respondent’s examination of petitioner’s 1996 tax year began. Thus, section 7491(a) does not apply, and respondent’s determination is presumed to be correct and petitioner bears the burden of proof on all issues in this case. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). C. Whether Petitioner Constructively Received All of His Lottery Winnings in 1989 Petitioner contends that the NYSL amounts that he received in 1996 are not taxable in 1996 because he constructively received all of his lottery winnings in 1989. Petitioner pointsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011