- 6 - burden of proof may, under certain circumstances, be shifted to the Commissioner if the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the taxpayer’s income tax liability. The legislative history of section 7491 defines “credible evidence” as “the quality of evidence which, after critical analysis, the court would find sufficient upon which to base a decision on the issue if no contrary evidence were submitted (without regard to the judicial presumption of IRS correctness).” H. Conf. Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747, 994-995; see Higbee v. Commissioner, 116 T.C. 438, 442 (2001). On the basis of the record, we hold that section 7491(a) does not operate to place the burden of proof on respondent; in short, petitioner did not introduce testimonial (or other) evidence sufficient to place in doubt the documentary evidence in the record.4 Petitioner claims that he disputed his debt with MBNA in the fall of 1999, alleging that someone not authorized by him made charges to his account, which MBNA informed him were attributable to a convenience check. As a result, petitioner contends that he offered to pay $6,000 of charges that he admittedly made, which 4 Sec. 6201(d) also does not apply in this case to place on respondent the burden of producing evidence to supplement the information return filed by NCO Financial Services, Inc. In this regard, the record does not demonstrate that all of the requirements of sec. 6201(d) were satisfied, including the requirement that “the taxpayer has fully cooperated with the Secretary”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011