NT, Inc. d.b.a. Natures Touch - Page 7

                                         -7-                                          
                              (A) the taxpayer has complied                           
                         with the requirements under this                             
                         title to substantiate any item;                              
                              (B) the taxpayer has                                    
                         maintained all records required                              
                         under this title and has cooperated                          
                         with reasonable requests by the                              
                         Secretary for witnesses,                                     
                         information, documents, meetings,                            
                         and interviews; and                                          
                              (C) in the case of a                                    
                         partnership, corporation, or trust,                          
                         the taxpayer is described in                                 
                         section 7430(c)(4)(A)(ii).                                   
                         *    *    *    *    *    *    *                              
                    (c) Penalties.--Notwithstanding any other                         
               provision of this title, the Secretary shall have the                  
               burden of production in any court proceeding with                      
               respect to the liability of any individual for any                     
               penalty, addition to tax, or additional amount imposed                 
               by this title.                                                         
               By their terms, neither section 7491(a) nor section 7491(c)            
          is applicable here.  As to the former, under which the burden of            
          proof may be placed upon the Commissioner as to factual issues              
          relevant to a taxpayer’s liability for income, estate, or gift              
          tax, petitioner has not introduced any “credible evidence with              
          respect to any factual issue” concerning the deficiencies                   
          determined by respondent.  Nor may petitioner do so for purposes            
          of this motion given that it lacks the power to prosecute or                
          defend this case.  As to the latter, that section also is                   
          inapplicable.  Section 7491(c) applies specifically only to the             
          liability of an “individual for any penalty, addition to tax, or            






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