- 12 - Home Mortgage Interest and Points -- 5,516 Taxable income 3,270 6,767 OPINION I. Burden of Proof Generally, the Commissioner’s determinations in a notice of deficiency are presumed to be correct, Welch v. Helvering, 290 U.S. 111, 115, (1933); Anastasato v. Commissioner, 794 F.2d 884, 886 (3d Cir. 1986), and the taxpayer bears the burden of producing evidence to show that the Commissioner’s determinations are erroneous, Rule 142(a); Welch v. Helvering, supra; Anastasato v. Commissioner, supra. Section 7491(a) modifies the general rule regarding the burden of proof in court proceedings arising in connection with examinations commencing after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(1), 112 Stat. 727. When a taxpayer has introduced credible evidence with respect to a factual issue relevant to his liability for tax, section 7491(a) may shift the burden from the taxpayer to the Commissioner. As a prerequisite for shifting the burden to the Commissioner, section 7491(a) requires a taxpayer to: (1) Comply with substantiation requirements; (2) maintain records and cooperate with the Commissioner’s reasonable requests for documents, information, interviews, etc.; and (3) in the casePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011