- 10 - 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 verifiedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011