- 17 - Respondent has disallowed petitioner's costs of goods sold for 1991, 1992, and 1993. Petitioner bears the burden of proving that she is entitled to the claimed costs of goods sold. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Rockwell v. Commissioner, 512 F.2d 882, 886 (9th Cir. 1975), affg. T.C. Memo. 1972-133. 1. 1991 Petitioner has met her burden of proof as to the claimed costs of $800 for the horse Magic and $2,280 for beef. However, petitioner has not met her burden with respect to her claimed costs for goats and pigs. Although petitioner subtracted $1,250 for pigs on her 1991 cost of goods sold schedule, she reported no gross receipts from the sale of pigs. Since there was no sale of pigs reported on the 1991 tax return, cost of goods sold for pigs is not allowable for that year. Petitioner's testimony showed that she was confused as to whether she had mislabeled the sale of pigs as the sale of goats. Petitioner's return showed the purchase and sale of 35 goats; petitioner testified that she never owned that many goats. Since petitioner cannot establish what was sold, she is not entitled to cost of goods sold for those items. Accordingly, petitioner's total cost of goods sold for 1991 is $3,080. 2. 1992 Petitioner assigned values to some animals in her beginning and ending inventory based on her estimates of their fair marketPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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