Joseph A. and Sari F. Deihl - Page 14

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          rule, determinations by the Commissioner are presumed correct,              
          and the taxpayer bears the burden of proving otherwise.  Rule               
          142(a).  Section 7491 may operate, however, in specified                    
          circumstances to place the burden on the Commissioner.  Section             
          7491 is applicable to court proceedings that arise in connection            
          with examinations commencing after July 22, 1998, and reads in              
          pertinent part:                                                             
               SEC. 7491.  BURDEN OF PROOF.                                           
                    (a) Burden Shifts Where Taxpayer Produces Credible                
               Evidence.--                                                            
                         (1) General rule.--If, in any court                          
                    proceeding, a taxpayer introduces credible                        
                    evidence with respect to any factual issue                        
                    relevant to ascertaining the liability of the                     
                    taxpayer for any tax imposed by subtitle A or B,                  
                    the Secretary shall have the burden of proof with                 
                    respect to such issue.                                            
                         (2) Limitations.--Paragraph (1) shall apply                  
                    with respect to an issue only if--                                
                              (A) the taxpayer has complied with the                  
                         requirements under this title to substantiate                
                         any item;                                                    
                              (B) the taxpayer has maintained all                     
                         records required under this title and has                    
                         cooperated with reasonable requests by the                   
                         Secretary for witnesses, information,                        
                         documents, meetings, and interviews; * * *                   
                              *    *    *    *    *    *    *                         
                    (c) Penalties.--Notwithstanding any other                         
               provision of this title, the Secretary shall have the                  
               burden of production in any court proceeding with                      
               respect to the liability of any individual for any                     
               penalty, addition to tax, or additional amount imposed                 
               by this title.                                                         





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