Andrew Chook - Page 6

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                                      OPINION                                         
          I.   Unreported Income From Liberty Temp                                    
               Generally, the taxpayer bears the burden of proving the                
          Commissioner’s determinations incorrect.  Rule 142(a)(1); Welch             
          v. Helvering, 290 U.S. 111, 115 (1933).  If the taxpayer                    
          introduces credible evidence with respect to any factual issue              
          relevant to ascertaining the taxpayer’s tax liability, the                  
          Commissioner bears the burden of proof with respect to that                 
          issue.  Sec. 7491(a)(1).  However, the burden of proof will not             
          shift to the Commissioner where the taxpayer fails to maintain              
          records in accordance with the Internal Revenue Code or fails to            
          cooperate with reasonable requests made by the Commissioner for             
          witnesses, information, documents, meetings, and interviews.                
          Sec. 7491(a)(2)(B).                                                         
               Section 7491(a)(1) does not shift the burden of proof to               
          respondent with respect to petitioner’s liability for a                     
          deficiency in tax because petitioner has not produced credible              
          evidence with respect to that issue, nor has petitioner                     
          maintained records or cooperated with respondent’s reasonable               
          requests.  Therefore, petitioner bears the burden of proving                
          incorrect respondent’s determination that $447,084 received from            
          Unwrapped is included in petitioner’s income in 2002.  Petitioner           
          has not met this burden.                                                    







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