- 36 - (B) the taxpayer had maintained all records required under this title and has cooperated with reasonable requests by the Secretary for witnesses, information, documents, meetings, and interviews; and (C) in the case of a partnership, corporation, or trust, the taxpayer is described in section 7430(c)(4)(A)(ii). The burden is on the taxpayer to show that he satisfied these prerequisites. H. Conf. Rept. 105-599, at 240, 242 (1998), 1998- 3 C.B. 747, 994, 996. Respondent contends, among other things, that petitioner did not cooperate with respondent’s reasonable requests for information, documents, and interviews; therefore, the burden of proof does not shift to respondent. Respondent’s IDRs and request to interview petitioner were requests for information, documents, and an interview. Thus, we must decide whether respondent’s requests were reasonable and whether petitioner failed to cooperate. A. Reasonable Request We consider all the surrounding facts and circumstances of this case in deciding whether respondent’s request for witnesses, information, documents, meetings, and interviews is reasonable. Respondent requested information concerning the settlement documents regarding UTA’s termination of petitioner and regarding petitioner’s tax return information for the years in issue. This information was relevant to the determination of the taxable amount of the May 1996 payment, the November 1996 payment, thePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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