- 7 - income reported on the Form 1099-MISC was earned by Mr. Fullen. However, section 6201(d) clearly requires not only that the taxpayer assert a reasonable dispute, but also must have fully cooperated with the Commissioner before the burden of production will shift to the Commissioner. Sec. 6201(d). Assuming arguendo that petitioner did fully cooperate with respondent, the Court concludes respondent has met his burden of production. Respondent produced copies of checks issued by SAKB, several of which were endorsed by petitioner. The sum total of these checks corresponds to the amount of unreported nonemployee compensation reported on the Form 1099-MISC. Respondent’s reliance on the information return is adequately supported by the check copies. Alternatively, the burden of proof 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 Commissioner’s reasonable requests. See Higbee v. Commissioner, 116 T.C. 438, 440-441 (2001). 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011