- 6 - OPINION I. Burden of Proof Generally, the Commissioner’s determinations of unreported income in a notice of deficiency are presumed correct, and the taxpayer has the burden of proving that those determinations are erroneous. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). In certain circumstances, however, section 7491(a)(1) places the burden of proof on the Commissioner as to any factual issue relating to the taxpayer’s liability for tax if in the court proceeding the taxpayer introduces credible evidence with respect to that issue.7 This rule applies only if the taxpayer has complied with applicable substantiation requirements, has maintained all records required under the Code, and has cooperated with the Commissioner’s reasonable requests for witnesses, information, documents, meetings, and interviews. Sec. 7491(a)(2). 6(...continued) Mrs. Rinn’s separate community property income. Respondent concedes that Mr. and Mrs. Rinn’s respective deficiencies should be computed to eliminate any double counting of the dental practice income and that petitioners should be treated as if they filed separate returns as married persons. 7 Sec. 7491 was added to the Code by the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 3001, 112 Stat. 726. Sec. 7491(a) applies with respect to examinations that are commenced after July 22, 1998. RRA 1998 sec. 3001(c), 112 Stat. 727. The record does not disclose when the examinations commenced in this case; however, with respect to at least some of the tax years in issue, we assume that examinations commenced after July 22, 1998.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011