- 2 - petitioner’s employment relationship with the U.S. Department of State (the State Department) from January 1 until November 19, 1999, under two personal service contracts covering that period, was that of a common law employee of the State Department, as respondent asserts, or an independent contractor, as petitioner asserts. We hold that petitioner’s relationship with the State Department was that of an independent contractor.1 1Unless otherwise indicated, section references are to the Internal Revenue Code Rule, and Rule references are to the Tax Court Rules of Practice and Procedure. In her opening brief, petitioner asserted that the burden of proof should be shifted to respondent because the notice of deficiency failed to adequately describe the basis for the tax deficiency as required by sec. 7522(a). In response to an inquiry of the Court, respondent concedes that sec. 7491(a) applies in the present case because the examination of petitioner’s 1999 return began after July 22, 1998, the effective date of the statute. Respondent also concedes that petitioner has complied with the substantiation and cooperation requirements of sec. 7491(a)(2). The burden of proof consists of two burdens--the burden of production (the duty of bringing forward evidence) and the burden of persuasion (the risk of nonpersuasion). Gerling Intl. Ins. Co. v. Commissioner, 86 T.C. 468, 476 n.5 (1986). The initial burden of production requires the taxpayer to introduce evidence sufficient to establish his/her claim by a preponderance of the evidence. Helvering v. Taylor, 293 U.S. 507, 514-515 (1935); see also Pittman v. Commissioner, 100 F.3d 1308, 1317 (7th Cir. 1996), affg. T.C. Memo. 1995-243; Page v. Commissioner, 58 F.3d 1342, 1347-1348 (8th Cir. 1995), affg. T.C. Memo. 1993- 398. Without regard to any burden-shifting provisions, if the taxpayer successfully carries the initial burden of production as to a particular adjustment, the burden of production (but not the ultimate burden of persuasion) shifts to the Commissioner; i.e., the burden of introducing evidence showing an adjustment is warranted shifts to the Commissioner. Helvering v. Taylor, supra at 514-515; Berkery v. Commissioner, 91 T.C. 179, 186 (1988), (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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