Narvell Darling - Page 5

                                        - 5 -                                         
          the notice of deficiency to be in error.  Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  As one exception to this              
          rule, section 7491(a) places upon the Commissioner the burden of            
          proof with respect to any factual issue relating to liability for           
          tax if the examination of the taxpayer’s records for the subject            
          year began after July 22, 1998, and the taxpayer maintained                 
          adequate records, satisfied the substantiation requirements,                
          cooperated with the Commissioner, and introduced during the Court           
          proceeding credible evidence with respect to the factual issue.             
          In the present case, the burden does not shift with respect to              
          any factual issue relating to petitioner’s liability for the                
          income tax deficiency because petitioner neither alleged that               
          section 7491 was applicable nor established that he complied with           
          the substantiation requirements of section 7491(a), as shown                
          below.  Sec. 7491(a)(2)(A) and (B).                                         
               Deductions are a matter of legislative grace, are allowed              
          only as specifically provided by statute, and petitioner bears              
          the burden of proving that he is entitled to the claimed                    
          deduction.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84                  
          (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440                
          (1934).  With these well-established propositions in mind, we               
          must determine whether petitioner has satisfied his burden of               
          proving that he is entitled to a casualty loss deduction                    
          allegedly incurred during taxable year 2001.  Respondent argues             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011