- 5 - 1.274-5T(b), Temporary Income Tax Regs., 50 Fed. Reg. 46006 (Nov. 6, 1985). Petitioners argue that sections 162 and 274(d) should not be applied in this case because respondent did not raise these issues during the audit of their return. Petitioners further assert that the “substantiation issue” was not raised by respondent until presented at trial. Subject to exceptions inapplicable to this case, this Court does not look behind the statutory notice of deficiency: A trial before this Court is a proceeding de novo, and our determination as to a taxpayer's tax liability is based upon the merits of the case. See Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324, 327-328 (1974). Furthermore, the notice of deficiency in this case specifically stated that the various business expenses were disallowed because it had not been established that each amount “was for an ordinary and necessary business expense, or was expended for the purpose designated.” This statement raises issues under both section 162(a)--whether the expenses were ordinary and necessary--and section 274(d)--whether the expenses were properly substantiated, i.e., whether petitioners established that the amounts were expended for the purpose designated. Petitioners also argue that the burden of proof in this case should be shifted to respondent because petitioners presented credible evidence with respect to factual issues. AlthoughPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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