Stephen & Dawn Del Monico - Page 6

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          respect to the item at issue.  The Court finds it unnecessary to            
          decide whether the burden of proof has shifted to the                       
          Commissioner under section 7491.  The record in this case is not            
          evenly weighted.  Instead, in our view the evidence, including              
          the credibility of witnesses, with respect to disputed facts is             
          clear, and this circumstance allows us to render a decision on              
          the merits based on the preponderance of the evidence, without              
          regard to the burden of proof.                                              
               Under section 6201(d), the burden of production may shift              
          to the Commissioner where information returns, such as Forms                
          1099, serve as the basis for the determination of a deficiency.             
          If a taxpayer, in a court proceeding, asserts a reasonable                  
          dispute with respect to the income reported on an information               
          return and fully cooperates with the Secretary (including                   
          providing access for inspection of all witnesses, information,              
          and documents within the control of the taxpayer as reasonably              
          requested by the Secretary), the Commissioner shall have the                
          burden of producing reasonable and probative information in                 
          addition to such information returns.  Sec. 6201(d); see Tanner             
          v. Commissioner, 117 T.C. 237 (2001), affd. 65 Fed. Appx. 508               
          (5th Cir. 2003); McQuatters v. Commissioner, T.C. Memo. 1998-88.            
          Assuming, arguendo, that petitioner did fully cooperate with the            
          Commissioner, the Court will examine whether the Commissioner               
          has satisfied his burden of production under section 6201(d).               






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