Bobbie E. Johnson - Page 27

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          “thorough, probing, and in-depth” review of respondent’s                    
          determinations.  Petitioner’s 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).15  The burden was on                
          petitioner 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                            
               Petitioner argues that Ms. Cochran abused her discretion by            
          not allowing his counsel additional time to submit information to           
          be considered.  Petitioner’s argument is not supported by the               
          record.                                                                     
               Petitioner asserts that he was “initially only given weeks”            
          to provide all information.  However, he ignores the fact that              
          Ms. Cochran granted his requested extension and allowed him until           
          June 1, 2004, to submit information.  Additionally, petitioner              
          has not identified any documents or other information that he               

               15  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 petitioner’s 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.                                                     





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