- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011