- 10 - substantiate any item, has maintained all records as required by the Code and cooperated with reasonable requests made by respondent for witnesses, information, documents, meetings, and interviews, and meets the net worth limitation set forth in section 7430(c)(4)(A)(ii) if the taxpayer is a partnership, corporation, or trust. Sec. 7491(a)(2). Additionally, section 7491(a)(3) provides that section 7491(a)(1) does not apply to any issue with respect to which the Code provides for a specific burden of proof. Petitioners’ position is that section 7491(a) is applicable in deciding whether their petition was timely filed. Respondent argues that section 7491(a) is not applicable to this issue because whether petitioners’ petition was timely filed is not a factual issue relevant to the ascertainment of petitioners’ tax liability imposed by subtitle A or B. In the alternative, respondent argues that because the regulations prescribed by the Secretary pursuant to section 7502(b) are legislative regulations, section 7491(a)(3) precludes the application of section 7491(a). Because we decide the jurisdictional issue by the preponderance of the evidence, we need not address the application of section 7491(a) to the instant matter. Blodgett v. Commissioner, 394 F.3d 1030, 1039 (8th Cir. 2005), affg. T.C. Memo. 2003-212.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011