Aric Manley Allman - Page 6

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          INT as provided by Nationwide.  Petitioner disagrees with                   
          respondent’s determination.                                                 
               Although not raised by the parties, under section 7491(a),             
          the burden of proof with respect to any factual issue will shift            
          to respondent if petitioner’s testimony with respect to the issue           
          is credible.  At trial, petitioner testified that the life                  
          insurance policies were owned by his father, despite their having           
          his Social Security number on them, and that he neither owned,              
          nor knew himself to be a beneficiary, of either one of the                  
          policies at issue.  Petitioner further stated that he did not               
          recall making any type of premium payments to Nationwide Life               
          Insurance Company, and that he did not receive any income from              
          either of the policies during the taxable year at issue.                    
          Petitioner also testified that his parents never indicated to him           
          that they had purchased a life insurance policy on his behalf.              
          According to petitioner, the only insurance that he had was                 
          through AquaProof and that was with an entirely different                   
          insurance company.  Respondent, who has the burden of production            
          as to this issue pursuant to section 6201(d), offered no evidence           
          to rebut petitioner’s testimony, which we find credible.                    
               We accordingly conclude that petitioner did not receive any            
          income from Nationwide in taxable year 2003, and that if he did             
          have any interest in the policies it was, at best, as a nominee             

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