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Shifting The Burden Of Proof
Oleh:
Knight, Ray A.
;
Knight, Lee G.
Jenis:
Article from Bulletin/Magazine
Dalam koleksi:
Journal of Accountancy vol. 188 no. 3 (1999)
,
page 89.
Topik:
burden
;
shifting
;
burden of proof
Ketersediaan
Perpustakaan Pusat (Semanggi)
Nomor Panggil:
JJ85.9
Non-tandon:
1 (dapat dipinjam: 0)
Tandon:
tidak ada
Lihat Detail Induk
Isi artikel
What CPA hasn't been greeted by a shoebox overflowing with client tax records - some written on the back of cocktail napkins or on scraps of paper ? Even after pouring over these records for hours, the CPA might not find the proof needed to substantiate a particular tax deduction. Keeping good tax records has always been important, but the IRS Restructuring and Reform Act of 1998 made it even more so. One of the act's boldest initiatives was shifting the burden of proof from the taxpayer to the IRS in civil tax matters (new IRC section 7491). Historically, with only a few exceptions, the taxpayer - not the IRS - was responsible for producing sufficient evidence to convince the court to find in the taxpayer's favor. The burden shift played well politically by countering the public perception that taxpayers were "guilty until proven innocent" when dealing with the IRS. It also appeared to level the playing field between limited - resource taxpayers and the unlimited - resource IRS. However, taxpayers and CPA s may find the field is not as level as they first believed. To protect their clients from unforeseen penalties and disallowed deductions, CPA s should understand the IRS's statutory right to request substantiation of income and expenses, the records the tax payer is required to keep and the consequences to the tax payer of failing to keep adequate records. Equipped with this knowledge, CPA s can help both individual and business clients achieve more favorable audit results, cut the time required for an IRS audit and take advantage of the new burden of proof rules.
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