Universal Marketing, Inc. - Page 13




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          secs. 1.263(a)-1 and 1.263(a)-2(a), Income Tax Regs.  The                   
          taxpayer is required to maintain records sufficient to enable the           
          Commissioner to determine his correct tax liability.  See sec.              
          6001; sec. 1.6001-1(a), Income Tax Regs.  The taxpayer has the              
          burden to prove the Commissioner’s determination was in error.16            
          Rule 142(a).                                                                
               At trial, petitioner produced a check payable to VVI for               
          $80,000, dated October 3 or 5, 1995, bearing the notation “asset            
          purchase UG”.17  Mr. Reeves testified that the $80,000                      
          expenditure was initially recorded in petitioner’s books as an              
          “equipment purchase” and was most likely paid to purchase                   
          darkroom equipment, plates, small hand tools, paper, and ink.  On           
          brief, petitioner indicated that the expenditure was most likely            
          for “miscellaneous equipment that would have gone hand-in-hand              
          with the printing equipment”.                                               
               Although small hand tools, paper, and ink could fit the                
          description of incidental materials and supplies the costs of               
          which may be deducted currently under section 162, petitioner               


               16 Petitioner does not argue that sec. 7491(a) operates to             
          shift the burden of proof to respondent.  Even if petitioner had            
          so argued, the burden of proof would not shift under sec. 7491(a)           
          because petitioner has not shown it maintained all required                 
          records, nor has it shown it cooperated with the reasonable                 
          requests of respondent for witnesses, documents, or meetings.               
               17 UG was the acronym for Universal Graphics.  Universal               
          Graphics was the business name for VVI’s printing, advertising,             
          and marketing services before petitioner’s sec. 355                         
          reorganization.                                                             





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