- 13 - Section 7491(a)(1) applies in court proceedings arising only in connection with examinations commencing after July 22, 1998.16 See RRA 1998 sec. 3001(c), 112 Stat. 727. Agent Daleiden’s first contact letter regarding 1995 was mailed to petitioners in April 1998. Accordingly, respondent’s examination of petitioners’ 1995 return commenced prior to the effective date of section 7491. Seawright v. Commissioner, 117 T.C. 294 (2001). Thus, we find section 7491 inapplicable to petitioners’ 1995 return. Since the examination of petitioners’ 1996 and 1997 returns commenced after the effective date of section 7491, we must consider the provisions of that section. The burden of proof will shift to the Commissioner only after the taxpayer introduces “credible evidence” with respect to a factual issue relevant to ascertaining the taxpayer’s income tax liability. See sec. 7491(a). The statute fails to define what constitutes “credible evidence”. The conference committee report assists in determining its intended meaning: 16The House conference report states: An audit is not the only event that would be considered an examination for purposes of this provision. For example, the matching of an information return against amounts reported on a tax return is intended to be an examination for purposes of this provision. Similarly, the review of a claim for refund prior to issuing that refund is also intended to be an examination for purposes of this provision. [H. Conf. Rept. 105-599, at 242 (1998), 1998-3 C.B. 747, 996.]Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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