Sid Paul Ruckriegel - Page 17

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          See Higbee v. Commissioner, 116 T.C. 438, 442 (2001); Bernardo v.           
          Commissioner, T.C. Memo. 2004-199 n.6.  Section 7491(a)(1)                  
          applies only if the taxpayer complies with any substantiation               
          requirements imposed by the Internal Revenue Code, maintains all            
          required records, and cooperates with the Commissioner for                  
          witnesses, information, documents, meetings, and interviews.                
          Sec. 7491(a)(2)(A) and (B).  The taxpayer bears the burden of               
          proving compliance with the conditions of section 7491(a)(2)(A)             
          and (B).  H. Conf. Rept. 105-599, at 240 (1998), 1998-3 C.B. 747,           
          994.                                                                        
               B.  Arguments of the Parties                                           
               Petitioners argue that the burden of proof with respect to             
          the basis issue shifts to respondent because they complied with             
          all of the conditions of section 7491(a)(2) and presented                   
          credible evidence of sufficient bases in Sidal to sustain their             
          passthrough deductions for the audit years. Although respondent             
          concedes that petitioners complied with the record maintenance              
          and cooperation requirements of section 7491(a)(2)(B), he argues            
          that petitioners did not comply with the substantiation                     
          requirement of section 7491(a)(2)(A), and that, therefore, the              
          burden of proof on the basis issue remains with petitioners.                
          Respondent also argues that petitioners failed to introduce                 
          credible evidence of their bases in Sidal during the audit years.           







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