23 Issue 1. Motion To Shift Burden of Proof Just before trial, corporate petitioners, invoking Rule 142(a), filed a Motion to Shift the Burden of Proof Upon Respondent with regard to substantiation of the following categories of disallowed amounts paid by Alondra and Edco: Those paid as rent to Mr. Munro (discussed infra Issue 2); those paid to Pertinax under the rubric of Management Services--Other (discussed infra Issue 4); and those paid to Pertinax under the rubric of Management Services--Wages (discussed infra Issue 5). We postponed acting on the motion and left it for disposition as part of our opinion on the merits. Petitioners argue and respondent denies that the language of the deficiency notices implies that the payments now questioned by respondent were in fact made. As an example, we quote the language of the notice sent to Alondra on March 8, 1991. With respect to the rental expenses, this notice states: It is determined that you incurred rental expense in the amount of $198,322.00 in lieu of the $225,203.00 reported on your return for the taxable year ended June 30, 1987. The adjustment of $26,881.00, as shown below, results from the partial disallowance of rental expenses paid to Joel Munro, * * * claimed on your return for two properties owned by him * * * because you have not established that the amounts paid were the fair market rental values of the properties at the time of payment, or that the amounts paid were incurred or, if incurred, paid by you during the taxable year for ordinary and necessary business purposes or that these expenses were deductible under the provisions of the Internal Revenue Code. [Emphasis added.] With respect to management service fees, the notice states:Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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