- 25 - v. Helvering, 290 U.S. 111, 115 (1933).15 The burden was on petitioners to show that respondent abused his discretion. The burden was not on respondent to provide enough information to show that he did not abuse his discretion. Nevertheless, we find that we had more than sufficient information to review respondent’s determination. 2. Mrs. Lindley’s Innocent Spouse Case Petitioners argue that the final notice is invalid as it relates to Mrs. Lindley because she has an innocent spouse case pending before the Tax Court at docket No. 13872-04. In the alternative, petitioners ask us to determine that Mrs. Lindley is in innocent spouse. This issue is moot because, on April 6, 2006, the Tax Court entered a stipulated decision in docket No. 13872-04 reflecting the parties’ agreement that Mrs. Lindley “is not entitled to relief under I.R.C. section 6015(b) or (f) with respect to her income tax liabilities for the taxable years 1987, 1988, 1989, 1990, and 1991.” 15 While sec. 7491 shifts the burden of proof and/or the burden of production to the Commissioner in certain circumstances, this section is not applicable in this case because respondent’s examination of petitioners’ returns did not commence after July 22, 1998. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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