- 34 - 1991), affg. 94 T.C. 96 (1990); Drum v. Commissioner, T.C. Memo. 1994-433, affd. 61 F.3d 910 (9th Cir. 1995). The Commissioner has the burden of producing sufficient evidence indicating it is appropriate to impose the section 6662(a) penalty or addition to tax. Sec. 7491(c);15 Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner meets his burden of production, the taxpayer must come forward with evidence sufficient to persuade a court that the Commissioner’s determination is incorrect. Higbee v. Commissioner, supra at 447. The taxpayer also bears the burden of proof with regard to issues of reasonable cause. Id. at 446. Respondent satisfied his burden of production by introducing petitioners’ 1997 returns and ATV’s ledger showing that neither petitioner reported income or deductions under section 7872 as a result of the debts even though petitioners concede section 7872 applies to the net amount of the debts. Petitioners did not explain or justify why they did not net the debts and report income under section 7872 for the 1997 tax 15Sec. 7491 is effective for court proceedings arising in connection with examinations commencing after July 22, 1998. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726. The notices are dated May 22, 2001. The parties have not informed us whether the examination commenced on or before July 22, 1998, and neither party addressed this issue. Because Mr. Cutts’s 1997 return was filed on Oct. 19, 1998, and ATV’s 1997 return was filed on June 19, 1998, it is obvious that the examinations of petitioners’ returns commenced after July 22, 1998.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011