Claudia J. Miner - Page 7




                                        - 7 -                                         
               The Commissioner bears the burden of proof under section               
          7491(a) if, inter alia, the taxpayer has:  (1) Complied with                
          substantiation requirements under the Internal Revenue Code, sec.           
          7491(a)(2)(A); (2) maintained all records required by the                   
          Internal Revenue Code, sec. 7491(a)(2)(B); and (3) cooperated               
          with reasonable requests by the Secretary for information,                  
          documents, and meetings, id.                                                
               Taxpayers bear the burden of proving that these requirements           
          are met.  H. Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747,           
          993; S. Rept. 105-174, at 45 (1998), 1998-3 C.B. 537, 581.                  
          Petitioner did not show that she substantiated her deductions,              
          kept records of her income and expenses, or cooperated with                 





               2(...continued)                                                        
               any factual issue relevant to ascertaining the                         
               liability of the taxpayer for any tax imposed by                       
               subtitle A or B, the Secretary shall have the burden of                
               proof with respect to such issue.                                      
                    (2) Limitations.--Paragraph (1) shall apply with                  
               respect to an issue only if--                                          
                         (A) the taxpayer has complied with the                       
                    requirements under this title to substantiate any                 
                    item;                                                             
                         (B) the taxpayer has maintained all records                  
                    required under this title and has cooperated with                 
                    reasonable requests by the Secretary for                          
                    witnesses, information, documents, meetings, and                  
                    interviews; * * *.                                                





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