-15- I. Burden of Proof In general, the Commissioner’s determinations in the deficiency notice are presumed correct, and the taxpayer has the burden of proving that the Commissioner’s determinations are in error. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The burden of proof may shift to the Commissioner with respect to a factual issue relevant to a taxpayer’s liability for tax under certain circumstances, however, if the taxpayer introduces credible evidence and establishes that he or she substantiated items, maintained required records, and fully cooperated with the Commissioner’s reasonable requests. Sec. 7491(a)(2)(A) and (B).6 At trial, we granted the estate’s motion to shift the burden of proof to respondent, because we found that the estate introduced credible evidence including the testimony of several factual witnesses, substantiated items, maintained records, and cooperated with respondent’s reasonable requests. A. The Estate’s Cooperation With Respondent Respondent urges us to revisit the question of the burden of proof now, arguing that the estate did not cooperate with respondent’s reasonable requests because the estate filed a 6Sec. 7491 is effective with respect to court proceedings arising in connection with examinations by the Commissioner commencing after July 22, 1998, the date of enactment of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011