- 9 - indicates that any income from the policy’s lapse would be the firm’s income and that a Form 1099-R would be sent to the firm. Section 6201(d) provides as follows: SEC. 6201(d). Required Reasonable Verification of Information Returns.–-In any court proceeding, if a taxpayer asserts a reasonable dispute with respect to any item of income reported on an information return filed with the Secretary under subpart B or C of part III of subchapter A of chapter 61 by a third party and the taxpayer has fully cooperated with the Secretary (including providing, within a reasonable period of time, access to and inspection of all witnesses, information, and documents within the control of the taxpayer as reasonably requested by the Secretary), the Secretary shall have the burden of producing reasonable and probative information concerning such deficiency in addition to such information return. Petitioners have asserted a reasonable dispute to the item of income reported to the IRS on the information return and cooperated fully with respondent’s requests. Accordingly, respondent has the burden of producing information to show that petitioners received income. There is no evidence in the record that petitioners received the income in question. Indeed, the evidence in the record indicates that the owner of the policy in question was petitioner’s former law firm. Petitioner retired from the firm 2 years before the insurance policy lapsed, and neither he nor his wife received any payments from the insurance company. Accordingly, we hold that petitioners are not liable for aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008