Jimmy D. and Marlene M. Morloc Weaver - Page 5

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                                             Discussion                                                 
                  Respondent’s determinations in the notice of deficiency are                           
            presumed correct, and petitioners must prove those determinations                           
            wrong in order to prevail.  Rule 142(a)(1); Welch v. Helvering,                             
            290 U.S. 111, 115 (1933).  The submission of this case to the                               
            Court under Rule 122 does not change or otherwise lessen                                    
            petitioners’ burden of proof.  Rule 122(b); Kitch v.                                        
            Commissioner, 104 T.C. 1, 5 (1995), affd. 103 F.3d 104 (10th Cir.                           
            1996).  Whereas in certain cases section 7491(a) shifts the                                 
            burden of proof to the Commissioner, we conclude that this is not                           
            one of those cases.  Petitioners have neither alleged that                                  
            section 7491 is applicable to this case nor established that they                           
            have complied with the requirements of section 7491(a)(2)(A) and                            
            (B) to substantiate items, to maintain required records, and to                             
            cooperate fully with reasonable requests of the Commissioner.                               
            See sec. 7491(a)(2).  Petitioners’ burden of proof in this case                             
            is affected by the fact that we carefully scrutinize transactions                           
            between related parties, Maxwell v. Commissioner, 95 T.C. 107,                              
            116 (1990); C.M. Gooch Lumber Sales Co. v. Commissioner, 49 T.C.                            
            649, 656 (1968), remanded pursuant to stipulation of the parties                            
            406 F.2d 290 (6th Cir. 1969), and that the service agreement                                
            between Clarkston and J.D. was such a transaction.                                          








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