- 29 - and is untimely.3 See, e.g., Deihl v. Commissioner, T.C. Memo. 2005-287. Accordingly, petitioners continue to bear the burden of proof with respect to the noncash charitable contribution issue and the question of whether they carried on various activities for profit within the meaning of section 183. Respondent does bear the burden of production with respect to the section 6662 penalty. See sec. 7491(c). That burden is to come forward with sufficient evidence regarding the appropriateness of applying a particular addition to tax or penalty against the taxpayer. Sec. 7491(c); Wheeler v. Commissioner, 127 T.C. 200 (2006); Higbee v. Commissioner, 116 T.C. 438 (2001). Noncash Charitable Contributions Petitioners are members of the same family comprising a father (Rance) and two sons (Rhett and Zane) and their respective spouses. Together, they owned and operated Beneco, a corporation that provides business services in connection with qualified retirement and health and welfare plans. Rance and his wife owned slightly over 50 percent of Beneco, and Rhett and Zane, along with their wives, each owned one-half of the remaining minority interest. Petitioners claimed noncash charitable contributions of FLP interests. The FLPs were created and 3 In any event, petitioners have not shown compliance with the substantiation requirements of sec. 7491(a)(2) so as to warrant a shift in the burden of proof as to any of the factual issues relevant to their liability for tax.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: March 27, 2008