- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011