Paul L. Tregre, Jr. - Page 11

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               For reasons discussed herein, we find that neither the                 
          statute of limitations nor the doctrine of laches precludes                 
          assessment and collection of the deficiencies in and additions to           
          tax determined by respondent.                                               
          Schedule C Expenses                                                         
               Respondent's determinations are presumed correct, and                  
          petitioner bears the burden of proving otherwise.  Rule 142(a);             
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  Moreover,                    
          deductions are a matter of legislative grace, and petitioner                
          bears the burden of proving that he is entitled to any deduction            
          claimed.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292               
          U.S. 435, 440 (1934); Welch v. Helvering, supra at 115.  This               
          includes the burden of substantiation.  Hradesky v. Commissioner,           
          65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir.              
          1976).  Additionally, section 6001 requires petitioner to keep              
          records sufficient to show whether he is liable for tax.                    
               Petitioner essentially restricts his entire argument to a              
          contention that respondent has failed to establish that                     
          petitioner fraudulently claimed deductions for the Schedule C               
          expenses at issue.  Whether respondent has met her burden with              
          respect to the issue of fraud, however, is irrelevant with                  
          respect to the instant issue.  That respondent must prove fraud             
          does not mean that petitioner is free from the burden on the                
          underlying deficiencies.                                                    






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