-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 NextLast modified: November 10, 2007