J.J. Zand - Page 71

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          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.           





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