Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 23

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          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:                 





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