- 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
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