Otu and Carol Obot - Page 6

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          Sec. 7491(a).  Mr. Obot audaciously argues that the burden of               
          proof in this case should shift to the Commissioner.  We                    
          disagree.  Though neither the Code nor the regulations define               
          “credible evidence”, the legislative history helps us:                      
               Credible evidence is 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 * * *                     
               A taxpayer has not produced credible evidence for                      
               these purposes if the taxpayer merely makes                            
               implausible factual assertions, frivolous claims, or                   
               tax protestor-type arguments.  The introduction of                     
               evidence will not meet this standard if the court is                   
               not convinced that it is worthy of belief. [H. Conf.                   
               Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747,                     
               994-995.]                                                              
               For us to shift the burden on a specific issue, not only               
          must Mr. Obot produce credible evidence, but he also must show              
          that he complied with the specific substantiation requirements              
          for the deduction in question, that he maintained all records,              
          and that he cooperated with the Commissioner’s reasonable                   
          requests for items such as witnesses, information, and documents.           
          See sec. 7491(a)(2).                                                        
               We find that Mr. Obot has not cooperated with the IRS.                 
          Instead of producing the records from his business, he falsely              
          claimed that they were lost in a flood.  The records he did                 
          produce were not credible:  he doctored receipts or concealed key           
          information before photocopying them.  We conclude that the                 
          burden of proof stays on him.                                               







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