- 5 - further determined that petitioner’s filing status is “married filing separate return” and that she is entitled to the standard deduction and a personal exemption deduction for the 2000 taxable year.5 Discussion Generally, the burden of proof is on the taxpayer. Rule 142(a)(1). However, if the taxpayer satisfies the limitations under section 7491(a)(2) and introduces credible evidence with respect to any factual issue relevant to ascertaining the tax liability, then the Commissioner bears the burden of proof with respect to such issue. Sec. 7491(a). Moreover, if a taxpayer asserts a reasonable dispute with respect to the income reported on an information return and fully cooperates, then the Commissioner shall have the burden of producing reasonable and probative information in addition to such information return. Sec. 6201(d); Tanner v. Commissioner, 117 T.C. 237 (2001), affd. 65 Fed. Appx. 508 (5th Cir. 2003); McQuatters v. Commissioner, T.C. Memo. 1998-88. In the present case, petitioner has not satisfied the requirements of either section 6201(d) or 7491(a). Unless indicated otherwise, the burden of proof remains on the petitioner. 5 Petitioner contends that she is entitled to itemized deductions and dependency exemption deductions for the 2000 taxable year. Petitioner has not offered any evidence to support her contention, even though, as we indicated earlier, the Court has permitted her to supplement the record.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011