Mark A. Filer and Julie J. Filer - Page 8

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          case.  Consequently, we hold that petitioners have the burden of            
          proof as to any disputed factual issue.  See Rule 142(a).  With             
          respect to a taxpayer’s liability for any penalty, however,                 
          section 7491(c) places on the Commissioner the burden of                    
          production.                                                                 
          A.   Anchor Distribution                                                    
               Petitioners do not dispute that Julie received from Anchor a           
          check payable to her in the amount of $27,641, which check                  
          represented the lump-sum cash surrender value of the annuity.               
          Petitioners contend that Phyllis listed Julie as the successor              
          owner subject to an oral trust, with the intent and instruction             
          that Julie distribute the funds to the children upon Phyllis’s              
          death.  Moreover, petitioners assert that Phyllis’s instruction             
          to Julie is consistent with the directives in her 1991 Trust and            
          will that her estate be distributed equally among the children.             
          Petitioners further assert that when Julie received the                     
          distribution, she did not take any part of the distribution, but            
          complied with Phyllis’s directive and divided the distribution              
          equally among the children.  Petitioners therefore contend that             
          the distribution should not be included in their gross income.              
               Respondent, on the other hand, does not dispute that Julie             
          distributed the proceeds one-third each to Mark, Paul, and Heidi,           
          but contends that petitioners must include the distribution in              
          their gross income because Julie was entitled to the entire                 






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