- 18 - 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 239-240Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007