- 7 - explanation section for the “Other” expense, petitioners stated the $14,000 was for a “payout of phone equipment”. Thell Prueitt, a representative of Alpha Telcom, helped petitioners prepare the 2001 and 2002 returns. Respondent issued a notice of deficiency on March 3, 2005, disallowing the Schedule C deductions for 2001 and 2002 and the Form 8826 credit for 2001. Petitioners timely filed their petition on June 1, 2005. OPINION I. Burden of Proof Under section 7491, the burden of proof shifts from the taxpayer to the Commissioner if the taxpayer produces credible evidence with respect to any factual issue relevant to ascertaining the taxpayer’s tax liability. Sec. 7491(a)(1). However, section 7491(a)(1) applies with respect to an issue only if the taxpayer has complied with the requirements to substantiate any item, has maintained all records, and has cooperated with reasonable requests by the Commissioner for witnesses, information, documents, meetings, and interviews. See sec. 7491(a)(2)(A) and (B). Although petitioners claimed that section 7491(a) applies, they failed to introduce sufficient evidence to shift the burden to respondent. Nonetheless, our findings in this case are basedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008