Janet L. Pickering - Page 6

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          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.                                 




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