- 14 - Dividend History Petitioner has never paid a dividend. OPINION I. Burden of Proof A. Rule 142(a) In pertinent part, Rule 142(a)(1) provides the general rule that “[t]he burden of proof shall be upon the petitioner”. Rule 142(a)(2) references the applicability of section 7491, which shifts the burden of proof to the Secretary under certain specified circumstances. B. Section 7491 Section 7491, enacted as part of the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 3001, 112 Stat. 727, is applicable to “court proceedings arising in connection with examinations commencing after the date of the enactment of this Act.” RRA 1998 sec. 3001(c). RRA 1998 was enacted on July 22, 1998, well before respondent’s issuance of the notice on February 2, 2001. The record fails to indicate, however, the commencement date of respondent’s examination of petitioner. Moreover, petitioner has neither argued that section 7491 is applicable to shift the burden of proof to respondent nor established compliance with the requirements of section 7491(a)(2)(C) (the net worth limitation). Petitioner has the burden to prove that it satisfies thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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