-17- mailing of the FPAAs after the running of those periods. See Madison Recycling Associates v. Commissioner, supra at 286; Amesbury Apartments, Ltd. v. Commissioner, supra at 240-241. If petitioner makes such a showing, the burden of production shifts to respondent to show that the bar of the periods of limitation does not apply. See Madison Recycling Associates v. Commissioner, supra at 286; Transpac Drilling Venture 1982-12 v. Commissioner, supra at 224 n.5; Amesbury Apartments, Ltd. v. Commissioner, supra at 241. If respondent makes such a showing, the burden of production shifts back to petitioner to establish that the claimed exception to the expiration of the limitation periods is ineffective or otherwise inapplicable. See Madison Recycling Associates v. Commissioner, supra at 286; Amesbury Apartments, Ltd. v. Commissioner, supra at 241. While the burden of production may shift in this manner, the burden of persuasion never shifts from petitioner but remains with petitioner. See Madison Recycling Associates v. Commissioner, supra at 286; Amesbury Apartments, Ltd. v. Commissioner, supra at 241. Petitioner has pleaded a claim to the affirmative defense that the periods of limitation have expired as to the subject years, and petitioner has met the initial burden of production as to that claim. As to the latter, the record establishes the dates on which the subject returns were filed and that the FPAAs were issued to Leatherstocking more than 3 years after thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011