Nimfa C. Molina - Page 5

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                                       OPINION                                        
          1.  Burden of Proof                                                         
               Taxpayers generally must prove the Commissioner’s                      
          determinations wrong in order to prevail.  Rule 142(a)(1);1 Welch           
          v. Helvering, 290 U.S. 111, 115 (1933).  As one exception to this           
          rule, section 7491(a) places upon the Commissioner the burden of            
          proof with respect to any factual issue if the taxpayer                     
          maintained adequate records, satisfied applicable substantiation            
          requirements, cooperated with the Commissioner, and introduced              
          during the court proceeding credible evidence on the factual                
          issue.  The legislative history of section 7491(a) clarifies that           
          taxpayers must prove that they have satisfied the adequate                  
          records, substantiation, and cooperation requirements before that           
          section places the burden of proof upon the Commissioner.  H.               
          Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747, 994 (“The              
          taxpayer has the burden of proving that it meets each of these              
          conditions, because they are necessary prerequisites to                     
          establishing that the burden of proof is on the Secretary.”); see           
          also Prince v. Commissioner, T.C. Memo. 2003-247.                           
               We do not find that petitioner maintained adequate records,            
          satisfied applicable substantiation requirements, or cooperated             


          1 Rule references are to the Tax Court Rules of Practice and                
          Procedure.  Section references are to the applicable versions of            
          the Internal Revenue Code.                                                  





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