William H. and Jo Anne Lindley - Page 25

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          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.                                                     




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