William J. Cutts - Page 14

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          part of the allocation because it was not available for use at              
          the time of execution of the lease.  The parties disagree whether           
          to allocate the pool to Mr. Cutts for personal use so that ATV’s            
          payment of the pool repair expense is a dividend to Mr. Cutts.              
               Petitioners bear the burden of proving their entitlement to            
          business expense deductions.  Rule 142(a); Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  Section 7491(a) does not shift the               
          burden of proof to the Commissioner.  Petitioners have neither              
          alleged section 7491 applies nor established their compliance               
          with the requirements of section 7491(a)(2)(A) and (B) to                   
          substantiate items, maintain required records, and cooperate                
          fully with the Commissioner’s reasonable requests.  See sec.                
          7491(a)(2); see also Weaver v. Commissioner, 121 T.C. 273 (2003).           
               To determine petitioners’ income and allowable deductions              
          for use of Landmark Hall, we first allocate the use of Landmark             
          Hall between ATV’s business use and Mr. Cutts’s personal use.               
               Where a facility serves both business and personal purposes,           
          an allocation must be made by comparing the space and/or time               
          devoted to business use with total use.  Intl. Artists, Ltd. v.             
          Commissioner, 55 T.C. 94 (1970); Eden v. Commissioner, T.C. Memo.           
          1987-101.  The primary purpose criterion, governing the                     
          deductibility of expenditures related to both business and                  
          personal purposes, applies only to cases in which the secondary             
          purpose is merely incidental and relatively insignificant.  Intl.           






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