Rameses School of San Antonio, Texas - Page 18




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          it likewise is well settled that the organization bears the                 
          burden of overcoming the grounds set forth in the Commissioner’s            
          final ruling letter.  See, e.g., Am. Campaign Acad. v.                      
          Commissioner, supra at 1063-1064; Basic Bible Church v.                     
          Commissioner, 74 T.C. at 856.                                               
               Because an exemption is a deviation from the norm of                   
          taxation, courts have reasoned that “a heavy burden” to establish           
          satisfaction of all requisites for such status falls on the                 
          entity.  Harding Hosp., Inc. v. United States, 505 F.2d 1068,               
          1071 (6th Cir. 1974).  In the words of the Court of Appeals for             
          the Fifth Circuit, to which appeal in the instant case would                
          normally lie:  “It is the burden of the party claiming the                  
          exemption, of course, to prove entitlement to it.”  Senior                  
          Citizens Stores, Inc. v. United States, 602 F.2d 711, 713 (5th              
          Cir. 1979).                                                                 
               There exist, however, several exceptions to the general                
          rule.  Section 7491(a)(1) may shift the burden to the                       
          Commissioner with respect to factual issues where the taxpayer              
          introduces credible evidence, but the provision operates only               
          where the taxpayer establishes that he or she has complied under            
          section 7491(a)(2) with all substantiation requirements, has                
          maintained all required records, and has cooperated with                    
          reasonable requests for witnesses, information, documents,                  
          meetings, and interviews.  See H. Conf. Rept. 105-599, at 239-240           







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