Henry Peter Novick and Carolyn S. Novick - Page 10

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                  Petitioners claim that respondent's notice of deficiency is                          
            "uninformative", and "therefore respondent has the burden of                               
            producing evidence from which the petitioners' tax liability can be                        
            determined". Petitioners' claim is without merit. While                                    
            respondent's notice of deficiency to petitioners is not a model of                         
            clarity, nonetheless, it is not uninformative.  Moreover, Rule 142                         
            places the burden of proof on petitioners, except in situations not                        
            relevant herein.  "This burden is a burden of persuasion; it                               
            requires * * *[petitioners] to show the merits of [their] claim by                         
            at least a  preponderance  of  the  evidence."   Rockwell v.                               
            Commissioner, 512 F.2d 882, 885 (9th Cir. 1975), affg. T.C. Memo.                          
            1972-133. Where the Commissioner has made a deficiency                                     
            determination denying the taxpayer's entitlement to a claimed                              
            deduction (such as here), "the taxpayer has 'the burden of                                 
            producing enough evidence to rebut the deficiency determination and                        
            the burden of persuasion in substantiating a claimed deduction'."                          
            Goldberg v. United States, 789 F.2d 1341, 1343 (9th Cir. 1986)                             
            (quoting Valley Title Co. v. Commissioner, 559 F.2d 1139, 1141 (9th                        
            Cir. 1977), revg. and remanding T.C. Memo. 1975-48).                                       
            Schedule E Rental Losses                                                                   
                  Section 212 provides a deduction for all ordinary and                                
            necessary expenses paid or incurred during the taxable year with                           
            respect to the management, conservation, or maintenance of property                        
            held for the production of income.  However, the taxpayer must be                          







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