Robert A. Fisher - Page 7

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          for the requirement that he maintain books and records.  Mills v.           
          Commissioner, supra at 749; Harper v. Commissioner, 54 T.C. 1121,           
          1129 (1970).                                                                
               Second, respondent reduced petitioner's income attributable            
          to the sale of certain securities by the amount of petitioner's             
          verifiable basis in those securities.  With respect to the sale             
          of other securities, respondent included all the proceeds in                
          petitioner's income because no information was provided by                  
          petitioner regarding his basis.  Petitioner bears the burden of             
          demonstrating that he is entitled to a basis in the securities in           
          excess of that determined by respondent.  Rule 142(a); Burnet v.            
          Houston, 283 U.S. 223, 227-228 (1931).  Section 1012 provides               
          that the basis of property shall be the cost of such property.              
          Under the circumstances present here, "cost", for purposes of the           
          Code, means the amount paid by petitioner.  Detroit Edison Co. v.           
          Commissioner, 319 U.S. 98, 102 (1943); Borg v. Commissioner, 50             
          T.C. 257, 263 (1968).  Petitioner did not provide respondent with           
          any evidence regarding the cost to him of any of the sold                   
          securities.  We find that petitioner has not met his burden of              
          proving that he paid any amount in excess of that determined by             
          respondent.                                                                 
               Third, petitioner asserts that the bank charges that are               
          recorded on his bank statement should be allowed as deductions in           
          respondent's calculation of income.  Section 162 allows as a                
          deduction all the ordinary and necessary business expenses paid             




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