Christopher Richardson - Page 7

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          submitted Forms 1099-MISC, Miscellaneous Income, transcripts from           
          the Social Security Administration, employer records, and                   
          declarations under penalties of perjury of Patterson for KeyBank            
          and Cichanowski for Eniva Corp. as to the validity of these                 
          underlying documents.  The Forms 1099-MISC, certified                       
          transcripts, declarations, and supporting documents show that               
          petitioner received income during the years in issue.  Petitioner           
          bears the burden of proving respondent’s determinations are in              
          error.  See Edwards v. Commissioner, supra; Weimerskirch v.                 
          Commissioner, supra.                                                        
               2.   Burden of Proof                                                   
               Petitioner contends that respondent generally bears the                
          burden of proof.  We disagree.  The burden of proof for a factual           
          issue relating to liability for tax shifts to the Commissioner              
          under certain circumstances.  Sec. 7491(a).  Under section                  
          7491(a), the burden of proof with respect to a factual issue                
          relevant to a taxpayer’s liability for tax shifts from the                  
          taxpayer to the Commissioner if, inter alia, the taxpayer has:              
          (a) Complied with substantiation requirements under the Internal            
          Revenue Code, sec. 7491(a)(2)(A); (b) maintained all records                
          required by the Internal Revenue Code, sec. 7491(a)(2)(B); and              
          (c) cooperated with reasonable requests by the Secretary for                
          information, documents, and meetings, id.  A taxpayer bears the             
          burden of proving that he or she has met the requirements of                






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