Larry J. and Anita L. Lundgren - Page 10

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          at 240-241 (1998), 1998-3 C.B. 747, 994-995 (reciting the                   
          definition of credible evidence).  In addition, to shift the                
          burden of proof, taxpayers must maintain all records required by            
          the Code and regulations and cooperate with reasonable requests             
          by the Secretary for witnesses, information, documents, meetings,           
          and interviews.  Sec. 7491(a)(2).                                           
               Petitioners did not satisfy the prerequisites under section            
          7491(a)(1) and (2) to shift the burden of proof to respondent.              
          They did not produce any evidence or documentation disputing                
          respondent’s determinations or supporting their claims as to the            
          economic substance of the Lucky Kirt Trust.  Specifically, they             
          failed to provide either a copy of the trust document for Lucky             
          Kirt Trust or any documentation authorizing Mrs. Lundgren or Mr.            
          Chisum to act on behalf of the trust or present any credible                
          evidence other than their own self-serving testimony that the               
          trust had economic substance or even existed.  Similarly,                   
          petitioners did not provide any evidence regarding the capital              
          gain determination for 2001 and self-employment tax liabilities             
          for 1999 through 2002.  Consequently, except for any penalties              
          subject to section 7491(c), as to which respondent bears the                
          initial burden of production, the general premise of Rule 142(a)            
          remains applicable.                                                         
          III. Lucky Kirt Trust as a Disregarded Entity                               
               Taxpayers are generally allowed to arrange and conduct their           
          affairs and structure their transactions to minimize any adverse            




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