Curtis R. and Lynn Bitker - Page 19

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          with respect to the accuracy-related penalties under section                
          6662(a).                                                                    
                    2.   Factual Issues                                               
               Pursuant to the general rule of section 7491(a)(1), if the             
          taxpayer introduces credible evidence with respect to any factual           
          issue relevant to ascertaining the taxpayer’s liability for income          
          tax, the Commissioner bears the burden of proof with respect to             
          that issue.  The preceding rule applies, however, only if the               
          taxpayer has: (1) Complied with requirements under the Internal             
          Revenue Code to substantiate any item; (2) maintained all records           
          required by the Internal Revenue Code; and (3) cooperated with              
          reasonable requests by the Secretary for information, documents,            
          and meetings.  Sec. 7491(a)(2).  Taxpayers bear the burden of               
          proving that these requirements have been met.  Snyder v.                   
          Commissioner, T.C. Memo. 2001-255 (citing H. Conf. Rept. 105-599,           
          at 240-241 (1998), 1998-3 C.B. 747, 994-995).                               
               Respondent contends that the burden of proof remains on                
          petitioners with respect to all factual issues in this case because         
          petitioners failed to comply with the substantiation requirements,          
          failed to maintain all records required by the Internal Revenue             
          Code, and failed to cooperate with reasonable requests for                  
          information and documents.                                                  
               In this case, there are multiple factual issues relevant to            
          determining petitioners’ tax liabilities. We will define those              






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