- 20 - purposes by any allowable credit for wage withholding, is less than $500.8 Sec. 6654(e)(1). Second, the addition is not applicable if the individual’s tax for the preceding taxable year was zero. Sec. 6654(e)(2). D. Section 7491(c) Section 7491(c) imposes the burden of production in any court proceeding (i.e., the burden of moving forward with evidence) on the Commissioner with respect to the liability of any individual for penalties and additions to tax.9 In order to meet the burden of production under section 7491(c), the Commissioner need only make a prima facie case that imposition of the penalty or addition to tax is appropriate; he need not negate the existence of any circumstantial defense such as reasonable cause. Higbee v. Commissioner, 116 T.C. 438, 446 (2001); H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995. Furthermore, section 7491(c) has no effect on the burden of proof (i.e., the burden of persuasion), Higbee v. Commissioner, supra at 446-447, which remains on petitioners in these cases, Rule 8 Effective for taxable years beginning after Dec. 31, 1997, the threshold amount is $1,000. Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1202(a), 111 Stat. 994. 9 Sec. 7491(c) applies to court proceedings arising in connection with examinations commencing after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(1), 112 Stat. 727. As referenced in our findings of fact, the additions to tax not included in the default motions (collectively, the remaining additions to tax) pertain to examinations commenced after July 1998.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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