- 15 - See also Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727, regarding effective date. Section 7491 is applicable here in that examination of petitioner’s 1996, 1997, and 1998 tax years began after July 22, 1998. With respect to the deficiency determinations in dispute, the operative rules are contained in section 7491(a). Petitioners make the assertion, apparently for the first time on opening brief, that the burden of proof as to factual issues shifts to respondent because “Petitioners have produced credible testimony and documents, most especially regarding their reliance on CPA’s [sic] and an attorney.” The Court, however, concludes a shift is not appropriate on this record for the reasons set forth below. First, as can be gleaned from the preceding discussion, the Court finds that petitioners have failed to introduce credible evidence with respect to the majority of the individual expenditures in contention. Credible evidence for purposes of section 7491(a) is defined 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. Such quality is lacking in much of what hasPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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