NT, Inc. d.b.a. Natures Touch - Page 6

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          penalties.  Respondent in his answer denies this allegation but             
          in his motion asserts that he has a burden of production under              
          section 7491(c) as to the additions to tax and accuracy-related             
          penalties.  For the reasons stated below, we conclude that                  
          petitioner has the burden of proof as to issues in this case.               
               Before section 7491 was added to the Code by the Internal              
          Revenue Service Restructuring and Reform Act of 1998, Pub. L.               
          105-206, sec. 3001(c), 112 Stat. 727, a taxpayer who petitioned             
          this Court generally had the burden of proving that the                     
          Commissioner had erred as to any determination in issue.  See               
          Rule 142(a)(1); see also Welch v. Helvering, 290 U.S. 111, 115              
          (1933).  In certain cases, section 7491 changed this general rule           
          effective for court proceedings arising from examinations                   
          commencing after July 22, 1998.  In relevant part, section 7491             
          provides:                                                                   
               SEC. 7491.  BURDEN OF PROOF.                                           
                    (a) Burden Shifts Where Taxpayer Produces Credible                
               Evidence.--                                                            
                         (1) General rule.--If, in any court                          
                    proceeding, a taxpayer introduces credible                        
                    evidence with respect to any factual issue                        
                    relevant to ascertaining the liability of the                     
                    taxpayer for any tax imposed by subtitle A or                     
                    B, the Secretary shall have the burden of                         
                    proof with respect to such issue.                                 
                         (2) Limitations.--Paragraph (1) shall                        
                    apply with respect to an issue only if--                          







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