Edward T. O'Toole - Page 6





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               Taxpayers bear the burden of proving that section 7491                 
          applies.  H. Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747,           
          993; S. Rept. 105-174, at 45 (1998), 1998-3 C.B. 537, 581.                  
          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.  On September 11, 1996,               
          respondent requested transcripts of reports from third parties              
          showing amounts paid to petitioner.  Absent contrary evidence, we           
          infer from this fact that the examination in this case began                
          before July 22, 1998.  Thus, section 7491 does not apply, the               
          notice of deficiency is presumed to be correct, and petitioner              
          bears the burden of proving that respondent’s determination is              
          incorrect.  Sec. 7491(a); Rule 142(a)(1); Welch v. Helvering, 290           
          U.S. 111, 115 (1933).2                                                      




               1(...continued)                                                        
                    item;                                                             
                         (B) the taxpayer has maintained all records                  
                    required under this title and has cooperated with                 
                    reasonable requests by the Secretary for                          
                    witnesses, information, documents, meetings, and                  
                    interviews; * * *.                                                

               2  However, at par. B-3, below, we conclude that respondent            
          bears the burden of producing evidence that petitioner received             
          wage income in 1993.                                                        




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