For IndividualsFor Educators
ExpertMinds LogoExpertMinds
ExpertMinds

Ace your certifications with Practice Exams and AI assistance.

  • Browse Exams
  • For Educators
  • Blog
  • Privacy Policy
  • Terms of Service
  • Cookie Policy
  • Support
  • AWS SAA Exam Prep
  • PMI PMP Exam Prep
  • CPA Exam Prep
  • GCP PCA Exam Prep

© 2026 TinyHive Labs. Company number 16262776.

    PracticeCPA®CPA REG Practice Exam 4Question 03
    Hard1 markMultiple Choice
    Area I: Ethics & Tax ProceduresFederal Tax ProceduresBurden of Proof

    CPA · Question 03 · Area I: Ethics & Tax Procedures

    Regarding the burden of proof in a civil tax proceeding, which of the following statements is correct regarding the shift of the burden of proof to the IRS under IRC §7491?

    Answer options:

    A.

    The burden of proof shifts to the IRS in all civil tax proceedings once the taxpayer files a petition with the Tax Court.

    B.

    The burden of proof shifts to the IRS only if the taxpayer provides credible evidence and has a net worth of less than $10 million.

    C.

    The burden of proof shifts to the IRS for any factual issue if the taxpayer introduces credible evidence, complies with substantiation requirements, and cooperates with reasonable requests for information.

    D.

    The burden of proof shifts to the IRS for any factual issue if the taxpayer introduces credible evidence, maintains required records, and cooperates with reasonable requests for information.

    How to approach this question

    Distinguish between the general rule (taxpayer has burden) and the exception (shift to IRS). The exception requires specific taxpayer actions: credible evidence, record maintenance, and cooperation.

    Full Answer

    D.The burden of proof shifts to the IRS for any factual issue if the taxpayer introduces credible evidence, maintains required records, and cooperates with reasonable requests for information.✓ Correct
    Under IRC §7491, the burden of proof shifts to the IRS on a factual issue if the taxpayer: (1) introduces credible evidence with respect to the issue, (2) has complied with the requirements to substantiate any item, (3) has maintained all records required by the Code, and (4) has cooperated with reasonable requests by the IRS for witnesses, information, documents, meetings, and interviews.

    Common mistakes

    Assuming the burden shifts automatically in Tax Court.
    Question 02All questionsQuestion 04

    Practice the full CPA REG Practice Exam 4

    72 questions · hints · full answers · grading

    Sign up freeTake the exam

    More questions from this exam

    Q01A CPA is representing a client in an IRS examination. The client has requested that the CPA not p...HardQ02A tax return preparer is engaged to prepare a tax return for a client who has a significant deduc...HardQ04A taxpayer filed their Year 1 individual income tax return on April 1, Year 2. The return reporte...HardQ05Under the Ultramares doctrine regarding a CPA's liability for negligence to third parties, which ...HardQ06Which of the following communications between a CPA and a client would generally be protected by ...Hard
    View all 72 questions →