Sue Taylor - Page 17

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              if no contrary evidence were submitted (without regard                  
              to the judicial presumption of IRS correctness). A                      
              taxpayer has not produced credible evidence for these                   
              purposes if the taxpayer merely makes implausible                       
              factual assertions, frivolous claims, or tax protestor-                 
              type arguments. The introduction of evidence will not                   
              meet this standard if the court is not convinced that                   
              it is worthy of belief. If after evidence from both                     
              sides, the court believes that the evidence is equally                  
              balanced, the court shall find that the Secretary has                   
              not sustained his burden of proof. * * * [H. Conf.                      
              Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747, 994-                 
              995.]                                                                   
         In addition, to effectuate a shift in the burden of proof,                   
         petitioner must maintain all records required by the Code and                
         regulations and cooperate with reasonable requests by the                    
         Secretary for witnesses, information, documents, meetings, and               
         interviews.  Sec. 7491(a)(2).                                                
              Petitioner did not satisfy the prerequisites under section              
         7491(a)(1) and (2) to shift the burden of proof to respondent.               
         Consequently, except for any penalties subject to section                    
         7491(c), as to which respondent bears the initial burden of                  
         production, the general premise of Rule 142(a) remains                       
         applicable.                                                                  
              B.   Bank Deposits Method for Computing Taxable Income                  
              The IRS has broad powers under section 446 to compute the               
         taxable income of a taxpayer.  Sec. 446; Petzoldt v.                         
         Commissioner, 92 T.C. 661, 639 (1989).  Generally, such                      
         computation is made using the taxpayer’s regularly employed                  
         method of accounting.  Sec. 446(a).  If the taxpayer’s method of             






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