Norman L. and Catherine J. Forste - Page 19

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               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). * * *                                                  








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