- 29 - limiting provisions of section 24(a)(5).”7 Pozzo di Borgo v. Commissioner, 23 T.C. at 78. (Emphasis added.) The taxpayer failed to establish the factual underpinnings for her contention that some or all of the remaining 36.5136 percent of her commission payments were not allocable to income or interest wholly exempt from tax, and so we held for the Commissioner. Id. at 78, 81.8 Thus, the cases that respondent cites to us do not provide any instructions relevant to the instant case. Respondent has not suggested that the instant case involves any other consideration, such as capital expenditures, or exempt income, that might require apportionment, and our Findings of Fact dispose of these theoretical possibilities. 7 Sec. 24(a)(5), I.R.C. 1939, is the predecessor of sec. 265(a)(1) of present law, relating to disallowance of deductions for expenses allocable to income or interest wholly exempt from income taxes. 8 We noted that the taxpayer’s contention as to the commission payments, if proven, would transform that case into an overpayment–-or refund-–case. See Pozzo di Borgo v. Commissioner, 23 T.C. 76 (1954). For a discussion of the differences between a taxpayer’s burden in a refund case and that taxpayer’s burden in a deficiency case, see Helvering v. Taylor, 293 U.S. 507, 514-516 (1935), affg. Taylor v. Commissioner, 70 F.2d 619, 620-621 (2d Cir. 1934).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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