- 11 - U.S. 111, 115 (1933). This principle applies to the Commissioner’s determination that a taxpayer’s workers are employees. Boles Trucking, Inc. v. United States, 77 F.3d 236, 239-240 (8th Cir. 1996); Allen v. Commissioner, T.C. Memo. 2005- 118. In certain circumstances, special statutory rules may apply to shift the burden of proof to the Commissioner. See, e.g., sec. 7491; act sec. 530(e)(4).11 However, petitioner does not contend that these provisions affect an allocation of the burden of proof in this case, and we conclude that they do not apply. Petitioner does argue, however, that respondent’s determinations are arbitrary and capricious and that, therefore, the burden of proof must shift to respondent.12 See United States v. Janis, 428 U.S. 433, 441-442 & n.8 (1976) (burden of proof shifts to Commissioner where determination lacks rational foundation). However, petitioner has failed to demonstrate that respondent acted arbitrarily in this case. Petitioner’s behavior during the audit and the pretrial preparation of this case was characterized by a consistent lack of cooperation and by considerable obfuscation designed to prevent respondent from 11Subsec. (e) was added to act sec. 530 by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1122(a), 110 Stat. 1766. 12Sec. 7491, which authorizes a shift in the burden of proof if certain requirements are met, applies only to taxes imposed by subtit. A or B and does not apply to employment taxes imposed by subtit. C.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007