- 5 - issue relevant to ascertaining the proper tax liability, section 7491 places the burden of proof on the Commissioner. Sec. 7491(a); Rule 142(a)(2). Credible evidence is “‘the quality of evidence which, after critical analysis, the court would find sufficient * * * to base a decision on the issue if no contrary evidence were submitted’”. 2 Baker v. Commissioner, 122 T.C. 143, 168 (2004) (quoting Higbee v. Commissioner, 116 T.C. 438, 442 (2001)). Section 7491 applies only if the taxpayer complies with substantiation requirements, maintains all required records, and cooperates with the Commissioner for witnesses, information, documents, meetings, and interviews. Sec. 7491(a)(2). With respect to the instant matter, petitioner has not raised an argument with respect to shifting the burden of proof under section 7491. Further, petitioner has not shown that he complied with the threshold requirements thereafter. Respondent, on the other hand, argues that petitioner has not fully cooperated with respondent’s requests for information, documents, and meetings. The Court concludes on this record that the burden of proof remains on petitioner. Therefore, petitioner bears the burden of showing that he is entitled to a dependency exemption 2 We interpret the quoted language as requiring the taxpayer’s evidence pertaining to any factual issue to be evidence the Court would find sufficient upon which to base a decision on the issue in favor of the taxpayer. See Bernardo v. Commissioner, T.C. Memo. 2004-199.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011