Gerry M. Griggs - Page 12

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          taxpayer must show that the expense was incurred primarily to               
          benefit his business, and there must have been a proximate                  
          relationship between the claimed expense and the business.  See             
          Walliser v. Commissioner, supra.                                            
               Petitioner provided no business records or other evidence              
          that he resold tickets to anyone other than to one person for “2            
          Nights Enron Box”.  Petitioner has not provided sufficient                  
          evidence to show that there was a business or that the claimed              
          expenses were paid primarily for business reasons.                          
               Section 183(b)(2) permits a deduction for expenses that                
          would be deductible only if the activity were engaged in for                
          profit, but only to the extent that the gross income derived from           
          the activity exceeds the deductions allowed by section 183(b)(1).           
          Petitioner is entitled to the deductions allowed by section                 
          183(b)(2) for his luxury suite activity.                                    
          Additions to Tax                                                            
               Respondent bears the burden of production with respect to an           
          addition to tax.  Sec. 7491(c).  In order to meet this burden,              
          respondent must produce evidence sufficient to establish that it            
          is appropriate to impose the addition to tax.  Higbee v.                    
          Commissioner, 116 T.C. 438, 446-447 (2001).                                 
               Addition to Tax Under Section 6651(a)(1)                               
               Respondent produced a certified copy of Form 4340 showing              
          that the IRS has no record of petitioner’s having filed a Federal           






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