- 19 - Section 7491 does not define what constitutes credible evidence; however, the conference report preceding enactment of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, 112 Stat. 685, states: Credible evidence is the quality of evidence which, after critical analysis, the court would find sufficient upon which to base a decision on the issue if no contrary evidence were submitted (without regard to the judicial presumption of IRS correctness). A taxpayer has not produced credible evidence for these purposes if the taxpayer merely makes implausible factual assertions, frivolous claims, or tax protestor- type arguments. The introduction of evidence will not meet this standard if the court is not convinced that it is worthy of belief. If after evidence from both sides, the court believes that the evidence is equally balanced, the court shall find that the Secretary has not sustained his burden of proof. [H. Conf. Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747, 994-995.] We have applied this definition in cases involving section 7491. See Higbee v. Commissioner, 116 T.C. 438, 442-443 (2001) (quoting legislative history and deciding taxpayers’ evidence did not meet requirements of section 7491(a)). Also, in Managan v. Commissioner, T.C. Memo. 2001-192, a case involving a claimed exclusion under section 104(a)(2), we held: In order for respondent to have the burden of proof on a factual issue, petitioner must introduce credible evidence relating to the issue. Sec. 7491(a). Evidence is credible if a court would find it “sufficient upon which to base a decision on the issue if no contrary evidence were submitted”. Higbee v. Commissioner, 116 T.C. ___, ___ (2001) (slip op. at 8) (quoting H. Conf. Rept. 105-599 at 240 (1998), 1998-3 C.B. 755, 994). * * *Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011