- 11 - The parties dispute whether the burden of proof in this case has been shifted to respondent pursuant to section 7491. Section 7491(a) imposes the burden of proof on respondent if the taxpayer introduces credible evidence with respect to any factual issue and complies with the requirements of section 7491(a)(2)(A) and (B) to substantiate all items at issue, maintain required records, and cooperate with reasonable requests of respondent. We find it unnecessary to decide whether petitioners have met the prerequisites of section 7491(a), because the record in this case is not evenly weighted and the resolution of the issues in controversy does not depend upon which party bears the burden of proof. We render a decision on the preponderance of the evidence in the record. See, generally, Higbee v. Commissioner, 116 T.C. 438 (2001); Goode v. Commissioner, T.C. Memo. 2006-48. We hold that the spousal support payments by John to Carol constitute alimony under section 71, since there is no liability on John’s part to make any such payment for any period after the death of Carol, the payee spouse, as provided by section 71(b)(1)(D). To give effect to the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011