Daniel Joseph White - Page 5




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          return because “that’s the amount I would have owed if they                 
          didn’t give me credit for the $6,000.”                                      
               When a notice of deficiency is issued to a taxpayer                    
          determining a deficiency, and a timely petition has been filed,             
          we have jurisdiction to take into account payments and credits to           
          decide the proper amount of the deficiency or overpayment.  Sec.            
          6512(b); Naftel v. Commissioner, 85 T.C. 527, 531 (1985).                   
          Accordingly, we review the record of such payments to properly              
          consider petitioner’s claim.                                                
               Generally, the burden of proof is on petitioner.  Rule                 
          142(a)(1).  The burden of proving facts relevant to the                     
          deficiency may shift to the Commissioner under section 7491 if              
          the taxpayer establishes compliance with the requirements of                
          section 7491(a)(2)(A) and (B) by substantiating items,                      
          maintaining required records, and fully cooperating with the                
          Secretary’s reasonable requests.  Section 7491 also places the              
          burden of production upon the Secretary with respect to additions           
          to tax.  Sec. 7491(c).  Section 7491 is effective with respect to           
          court proceedings arising in connection with examinations by the            
          Commissioner commencing after July 22, 1998, the date of its                
          enactment by section 3001(a) of the Internal Revenue Service                
          Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat.            
          685, 726.  See Higbee v. Commissioner, 116 T.C. 438 (2001).                 








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