- 7 - petitioners’ timely joint petitions for redetermination of their deficiencies for 1997 and 1998. Mr. McClelland’s ability to challenge Ms. McClelland’s assertion of innocent spouse relief is likewise provided by this case’s status as a deficiency proceeding. See Corson v. Commissioner, supra at 365. B. Burden of Proof The taxpayer generally bears the burden of proof with certain exceptions. Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004); Jonson v. Commissioner, 118 T.C. 106, 113 (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Baumann v. Commissioner, T.C. Memo. 2005-31. Rule 142 presumes that the taxpayer and the Commissioner are adversaries. See, e.g., Funk v. Commissioner, 123 T.C. 213, 216 (2004); Barnes v. Commissioner, T.C. Memo. 2004-266. Here, Mr. McClelland, instead of the Commissioner, is opposing Ms. McClelland’s claim for innocent spouse relief.2 Additionally, Ms. McClelland argues that Mr. McClelland’s opposition to her request for innocent spouse relief is a new matter because he signed the joint petitions in which it was asserted that she was an innocent spouse as an affirmative defense and he did not timely inform Ms. McClelland before trial that he intended to oppose her request. See Rule 142(a). We believe that a taxpayer 2Sec. 7491(a) is not applicable here because it is only relevant in deciding whether the burden of proof shifts to the respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011