- 11 - as an accountant. Sec. 1.6664-4(b)(1), Income Tax Regs. Before turning to petitioners’ position under section 6662, we shall address section 7491(c). Although respondent must have commenced respondent’s examination of petitioners’ return for the year at issue after July 22, 1998, the parties do not address section 7491(c). Respondent has the burden of production under that section with respect to the accuracy-related penalty under section 6662(a). To meet that burden, respondent must come forward with sufficient evidence showing that it is appropriate to impose the accuracy-related penalty. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Although respondent bears the burden of production with respect to the accuracy-related penalty that respondent determined for petitioners’ taxable year 2001, respon- dent “need not introduce evidence regarding reasonable cause, substantial authority, or similar provisions. * * * the taxpayer bears the burden of proof with regard to those issues.” Id. Old section 931 permitted citizens of the United States to exclude income derived from sources within possessions of the United States, except Puerto Rico, the U.S. Virgin Islands, and Guam, if certain conditions were satisfied. Although old section 931 did not define the term “possession of the United States”, section 1.931-1, Income Tax Regs., promulgated under old section 931 provided that the term “possession of the United States”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011