Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 15




                                        -15-                                          
               The Commissioner’s determinations are generally presumed               
          correct, and the taxpayer bears the burden of proving that the              
          Commissioner’s determinations are in error.  See Rule 142(a);               
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  Section 7491(a)              
          shifts the burden of proof to the Commissioner, however, with               
          respect to a factual issue relevant to a taxpayer’s liability for           
          tax under certain circumstances.  The burden shifts to the                  
          Commissioner if the taxpayer introduces credible evidence with              
          respect to the issue and meets the other requirements of section            
          7491(a).  Sec. 7491(a)(2)(A) and (B).4                                      
               Credible evidence is defined as the quality of evidence                
          which, after critical analysis, we would find sufficient upon               
          which to base our decision.  Higbee v. Commissioner, 116 T.C.               
          438, 442 (2001); H. Conf. Rept. 105-599, at 240-241 (1998), 1998-           
          3 C.B. 747, 994-995.  Evidence will not meet this standard if we            
          are unconvinced it is worthy of belief.  H. Conf. Rept. 105-599,            
          supra at 241, 1998-3 C.B. at 995.  Moreover, we are not compelled           
          to believe evidence that seems improbable or to accept as true              
          uncorroborated, although uncontradicted, evidence by interested             
          witnesses.  Blodgett v. Commissioner, 394 F.3d 1030, 1036 (8th              
          Cir. 2005) (quoting Marcella v. Commissioner, 222 F.2d 878, 883             

               4Sec. 7491 is effective with respect to court proceedings              
          arising in connection with examinations by the Commissioner                 
          commencing after July 22, 1998, the date of enactment of the                
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.                               





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 10, 2007