- 27 - Section 7491, which is generally effective for court proceedings arising in connection with examinations commencing after July 22, 1998, authorizes the burden of proof to be shifted to the Commissioner if certain requirements are met. Section 7491(a)(1) provides that “If, in any court proceeding, a taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the liability of the taxpayer for any tax imposed by subtitle A or B, the Secretary shall have the burden of proof with respect to such issue.” However, section 7491(a)(1) applies with respect to a factual issue only if the requirements of section 7491(a)(2) are satisfied. Section 7491(a)(2) requires that a taxpayer must have complied with all substantiation requirements, that a taxpayer must have maintained all records required by title 26 and must have cooperated with reasonable requests by the Secretary for witnesses, information, documents, meetings, and interviews, and, if the taxpayer is a corporation, the taxpayer must satisfy the net worth requirements of section 7430(c)(4)(A)(ii). In the instant case, petitioners did not raise the application of section 7491 with respect to any factual issue either before or during trial. In a footnote of their reply brief, petitioners asserted that they had produced credible evidence with respect to the reasonableness of the amount of the TMI expenses and that the burden of proof on that issue shouldPage: 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