- 6 - arise in connection with examinations commencing after July 22, 1998, however, may operate in specified circumstances to place the burden on the Commissioner. Internal Revenue Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727. With respect to factual issues and subject to enumerated limitations, section 7491(a) may shift the burden of proof to the Commissioner in instances where the taxpayer has introduced credible evidence. Section 7491(c) places the burden of production on the Commissioner with respect to penalties and additions to tax. Although the above effective date renders section 7491 applicable to the instant case, the Court finds it unnecessary to decide whether the burden should be shifted under section 7491(a). Given that the agreement pursuant to which the payment at issue was made has been stipulated by the parties, the factual circumstances underlying the transaction are undisputed. The record in this case therefore enables us to reach a decision on the merits, based upon a preponderance of the evidence, without regard to burden of proof. II. Income Characterization A. General Rules As a general rule, the Internal Revenue Code imposes a Federal tax on the taxable income of every individual. Sec. 1. Section 61(a) specifies that “Except as otherwise provided”,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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