L. Ben Smith & Carol Smith - Page 11

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          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”                







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