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tioner with respect to his taxable year 1998. In that notice,
respondent determined, inter alia, that petitioner is required to
include in his gross income the two retirement plan distributions
totaling $174,333 that he received from Vanguard during that
year. Respondent also determined in the notice that petitioner
is liable for the 10-percent additional tax under section 72 with
respect to those distributions. Respondent further determined in
the notice that petitioner is liable for the accuracy-related
penalty under section 6662(a).
OPINION
Respondent does not dispute that section 7491 applies in the
instant case. With respect to section 7491(a), respondent
maintains that petitioner has not complied with section
7491(a)(2)(B) and that therefore the burden of proof with respect
to respondent’s deficiency determination for the year at issue
does not shift to respondent. On the instant record, we agree
with respondent. With respect to section 7491(c), respondent has
the burden of production with respect to the accuracy-related
penalty under section 6662(a) that respondent determined in the
notice. Petitioner failed to report as part of his gross income
for 1998 the two retirement plan distributions that he received
from Vanguard during that year.3 On the instant record, we find
3We note that petitioner concedes that he received certain
dividend income during the year at issue.
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Last modified: May 25, 2011