- 14 - respect to any factual issue relevant to ascertaining the taxpayer’s liability for tax imposed by subtitle A or B. See sec. 7491(a)(1); Rule 142(a)(2). In one of these consolidated cases, petitioner seeks review of respondent’s failure to abate interest.8 Because interest is not imposed by subtitle A or B but instead is imposed by section 6601, which is part of subtitle F, section 7491 does not apply to petitioner’s interest-abatement claim. See Hawksley v. Commissioner, T.C. Memo. 2000-354, n.13. In the other consolidated case, petitioner seeks review of respondent’s collection action but, as discussed infra, is precluded from challenging his underlying tax liability. Accordingly, there is before us no legitimate factual issue relevant to ascertaining petitioner’s liability for tax imposed by subtitle A or B within the meaning of section 7491(a).9 8 Petitioner also appears to seek abatement of taxes and penalties under sec. 6404. As discussed more fully infra, we lack jurisdiction over those claims. 9 Even if we were to assume, for purposes of argument, that sec. 7491 was in effect for some relevant time and that petitioner had legitimately raised some factual issue as to which sec. 7491 might be relevant, petitioner has failed to establish that he has met the prerequisites for shifting the burden of proof under sec. 7491(a)(2). See Higbee v. Commissioner, 116 T.C. 438 (2001) (taxpayers bear the burden of proving that the requirements of sec. 7491 are met). For instance, for the burden to shift to the Commissioner, the taxpayer must, among other things, cooperate with reasonable requests by the Commissioner for “witnesses, information, documents, meetings, and interviews”. Sec. 7491(a)(2)(B). Petitioner has introduced no evidence to show that he satisfies this requirement. To the contrary, the evidence in the record indicates that petitioner (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011