Charles B. Owens and Sally L. Owens - Page 3




                                        - 3 -                                         
          7430(c)(4)(B)(i).  Respondent bears the burden of proof on this             
          issue.  Sec. 7430(c)(4)(B).1  Because the parties appear to agree           
          on the underlying facts, there are no factual disputes to                   
          resolve, and we shall proceed on the basis of the parties’                  
          submissions.                                                                
                          Factual and Procedural Background                           
          The Loan                                                                    
               In 1986 petitioner Charles B. Owens (petitioner) borrowed              
          $596,078 from First RepublicBank (the loan).  The loan matured in           
          1989.  Upon the failure of First RepublicBank, the loan became              
          the property of the Federal Deposit Insurance Corporation (FDIC).           
          Petitioner never made any payments on the loan, and the FDIC                
          issued him an Internal Revenue Service Form 1099-C, Cancellation            
          of Debt 1994 (the Form 1099-C) with respect thereto.  The Form              
          1099-C specifies the date of cancellation of the loan (October 6,           
          1994), the total amount canceled ($1,338,924.32), and the portion           
          of the total amount canceled consisting of interest                         
          ($742,846.32).                                                              


               1  Sec. 7430(c)(4)(B) applies to proceedings commenced after           
          July 30, 1996.  Taxpayer Bill of Rights 2, Pub. L. 104-168, sec.            
          701(d), 110 Stat. 1452, 1463 (1996).  While we have yet to decide           
          the issue of when administrative (as opposed to judicial)                   
          proceedings are commenced for purposes of that effective date,              
          see Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 438 (1997),             
          respondent does not dispute petitioners’ assertion that                     
          respondent bears the burden of proof on the “substantial                    
          justification” issue with respect to all of the costs at issue.             
          We therefore proceed under the assumption that petitioners are              
          correct in that regard.                                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011