- 155 - our task of finding the facts has been laborious and sometimes frustrating. We have plodded through 1,917 pages of testimony from 32 witnesses. The stipulations of fact contain 1,191 paragraphs, and there are over 1,800 exhibits of documentary evidence in the record. There are some factual inconsistencies and contradictions which the parties have exploited to their advantage in 933 pages of briefs. Nevertheless, we have done the best we can to reconcile conflicting portions of the record, although we acknowledge that perfect harmony has not been attainable. Before considering the substantive issues involved in these cases, we will address some preliminary issues relating to procedural and evidentiary matters. I. Preliminary Issues A. Burden of Proof As a general rule, the Commissioner's determinations are presumed correct, and the taxpayer bears the burden of proving that those determinations are erroneous. Rule 142(a); United States v. Janis, 428 U.S. 433, 440-441 (1976); Welch v. Helvering, 290 U.S. 111, 115 (1933). In addition, deductions are a matter of legislative grace, and the taxpayer 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). This includes the burden of substantiation. Hradesky v.Page: Previous 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 Next
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