Betty Kendrix - Page 10

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          Commissioner in certain circumstances, but petitioner does not              
          contend, nor has she shown, that she satisfies the prerequisites            
          for the application of section 7491(a).  In fact, as discussed              
          infra, petitioner has failed to substantiate adequately many of             
          the charitable contribution deductions at issue.  Therefore, she            
          has failed to satisfy the prerequisite of section 7491(a)(2)(A)             
          “to substantiate any item.”  Moreover, respondent introduced                
          uncontradicted testimony by the examining agent that petitioner             
          refused his request for bank statements and “did not feel she had           
          to answer any question.”  As a result, she has also violated the            
          prerequisite of section 7491(a)(2)(B) to cooperate “with                    
          reasonable requests for * * * information [and] documents”.                 
          Petitioner bears the burden of proof.                                       
               Under section 7491(c), respondent retains the burden of                
          production (but not the overall burden of proof) with respect to            
          petitioner’s liability for the accuracy-related penalties                   
          determined by respondent under section 6662(a).  See Higbee v.              
          Commissioner, 116 T.C. 438, 446-447 (2001).                                 
          II.  Code and Regulations                                                   
               A.  Code                                                               
               In pertinent part, section 170(a)(1) provides that a                   
          taxpayer may deduct “any charitable contribution * * * payment of           
          which is made within the taxable year”, and “[a] charitable                 
          contribution shall be allowable as a deduction only if verified             






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