Dontez R. Parks - Page 6

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          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.                                          




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