- 31 - effective tax administration offer-in-compromise. See Keller v. Commissioner, supra. 2. Information Sufficient for the Court To Review Respondent’s Determination Petitioners argue that respondent failed to provide the Court with sufficient information “so that this Court can conduct a thorough, probing, and in-depth review of respondent’s determinations.” Petitioners’ argument is without merit. Generally, a taxpayer bears the burden of proving the Commissioner’s determinations incorrect. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).13 The burden was on petitioners to show that respondent abused his discretion. The burden was not on respondent to provide enough information to show that he did not abuse his discretion. Nevertheless, we find that we had more than sufficient information to review respondent’s determination. 3. Deadline for Submission of Information Petitioners argue that Ms. Cochran abused her discretion by not allowing their counsel additional time to submit information 13 While sec. 7491 shifts the burden of proof and/or the burden of production to the Commissioner in certain circumstances, this section is not applicable in this case because respondent’s examination of petitioners’ returns did not commence after July 22, 1998. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011