-14-
burden of proof with respect to such factual issues shifts to
respondent under section 7491(a)(1).
Respondent counters that petitioner has not introduced
credible evidence concerning the factual issues presented under
section 165 and that he has not complied with the applicable
requirements of section 7491(a)(2).
Credible evidence is evidence which, after critical analy-
sis, the Court would find sufficient upon which to base a deci-
sion on the issue if no contrary evidence were submitted. Higbee
v. Commissioner, 116 T.C. 438, 442 (2001) (quoting H. Conf. Rept.
105-599, at 240-241 (1998), 1998-3 C.B. 747, 994-995). Evidence
is not credible if the Court is not convinced that such evidence
is worthy of belief. Id.
Petitioner relies on his testimony with respect to the
factual issues presented under section 165. As discussed below,
we found petitioner’s testimony regarding the time of his discov-
4(...continued)
7491(a) with respect to the addition to tax under that section.
Petitioner does not contend that he introduced credible evidence
concerning the factual issues presented under sec. 6654(a) and
that the burden of proof shifts to respondent under sec. 7491(a)
with respect to the addition to tax under that section. Even if
petitioner were to advance such contentions with respect to sec.
6654(a), we would reject them, just as we reject petitioner’s
contention that the burden of proof with respect to the factual
issue presented under sec. 6651(a)(1) shifts to respondent under
sec. 7491(a). That is because sec. 7491(a) does not apply to
additions to tax and penalties under subtitle F of the Internal
Revenue Code. Higbee v. Commissioner, 116 T.C. 438, 447 n.6
(2001).
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: May 25, 2011