- 19 - (1998), 1998-3 C.B. 747, 993-994. Here, petitioner has made no argument directed toward section 7491 and consequently has not shown that all necessary prerequisites for a shift of burden have been met. Additionally, the record is replete with evidence suggesting lack of cooperation. Hence, regardless of the applicability of section 7491 in the setting of a declaratory judgment action, an issue we do not reach, it is clear that it would afford no relief to petitioner in this situation. See S. Cmty. Association v. Commissioner, T.C. Memo. 2005-285. Nonetheless, an additional exception is relevant to this proceeding. The Commissioner bears the burden of proof with respect to any new matter raised in the answer. Rule 142(a)(1). By amendment to answer, respondent here expressly pleaded collateral estoppel. To summarize, then, the burden rests on petitioner to establish that it was operated exclusively for exempt purposes, specifically overcoming the determination by respondent of private inurement and benefit. Respondent, on the other hand, would have to shoulder the burden of showing applicability of collateral estoppel to prevent petitioner from relitigating questions of fact pertaining to such issues of inurement, benefit, and the operational test. However, because the voluminous record in this case is replete with evidence that would compel the Court, in an independent weighing of the materials presented and withoutPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: November 10, 2007