Crystal K. Abeyta and Ron L. Abeyta - Page 17

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               Section 7491(c) places on the Commissioner the burden of               
          production with respect to a taxpayer’s liability for any                   
          penalty.  “The Commissioner’s burden of production under section            
          7491(c) is to produce evidence that it is appropriate to impose             
          the relevant penalty”.  Swain v. Commissioner, 118 T.C. 358, 363            
          (2002); see also Higbee v. Commissioner, 116 T.C. 438, 446                  
          (2001).  The Commissioner, however, does not have the burden to             
          introduce evidence regarding reasonable cause or substantial                
          authority.  Higbee v. Commissioner, supra at 446-447.  The                  
          taxpayer, however, still has the burden of proving that the                 
          Commissioner’s determination of the accuracy-related penalty is             
          erroneous.  Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S.            
          79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933);                
          Higbee v. Commissioner, supra at 446-448.                                   
               Respondent satisfied his burden of production under section            
          7491(a)(1) because the record shows that petitioners                        
          substantially understated their income tax for 2000.  See sec.              
          6662(d)(1)(A)(ii); Higbee v. Commissioner, supra at 442.                    
          Accordingly, petitioners bear the burden of proving that the                
          accuracy-related penalty should not be imposed with respect to              
          any portion of the understatement for which they acted with                 
          reasonable cause and in good faith.  See sec. 6664(c)(1); Higbee            
          v. Commissioner, supra at 446.  The mere fact that we held                  
          against petitioners with respect to the section 119 exclusion               






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