- 7 - grouped the reasons for disallowance into three general categories. The first is petitioners' asserted failure to demonstrate that Oshtemo-Kalamazoo was an activity entered into for profit. Respondent accordingly disallowed the claimed deductions for failure to meet the requirements of sections 162, 212, and 183. Alternatively, respondent contended that petitioners did not establish the requisite ownership interest in the Oshtemo- Kalamazoo program; instead, respondent determined that the Oshtemo-Kalamazoo transactions were shams or lacked substance. Finally, respondent determined that petitioners had not established the cost or basis of assets amortized by the partnership and that the cost used "was unreasonable and excessive and was not incurred for the stated purpose and that the assets have an indeterminate useful life." Petitioners bear the burden of proof on all pertinent items. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). All claimed deductions and credits are matters of legislative grace and must have a basis in the statute. New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934). We are not required to find that petitioner Abraham Weiss’ self-serving testimony meets that burden. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Even if respondent does not present contradictory evidence, we may still find, on the basis of the record, that petitioners’ evidence falls short of meeting their burden of proof. FleischerPage: 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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