-6- petitioner’s ministerial activities. Petitioners provided the car insurance policy statement, Colorado vehicle registration/tax ownership receipt, and car payment history to substantiate their deduction for the payment of personal property taxes. OPINION The burden of proof is on petitioners to show that respondent’s determinations set forth in the notice of deficiency are incorrect. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). In certain circumstances, if the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the taxpayer’s proper tax liability, section 7491(a)(1) places the burden of proof on the Commissioner. Sec. 7491(a)(1); Rule 142(a)(2). For the burden to shift to the Commissioner, the taxpayer must comply with the substantiation and recordkeeping requirements of the Internal Revenue Code (Code). Sec. 7491(a)(2)(A) and (B). In addition, section 7491(a)(2) requires that the taxpayer cooperate with reasonable requests by the Commissioner for “witnesses, information, documents, meetings, and interviews”. Sec. 7491(a)(2)(B). We conclude that the burden of proof has not shifted to respondent with respect to any of the issues in this case. To this end, we find that petitioners failed to cooperate with respondent during the audit of their 2000 and 2001 Federal income tax returns. WePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007